DALLAS -- Environmentalists' efforts to appeal a ruling that vacated energy regulators' push to encourage demand response programs could provide judges with the first opportunity to apply a key high court ruling on when EPA and other agencies have deference in determining their own jurisdiction, one environmentalist says, a key legal question the agency faces as it crafts its greenhouse gas (GHG) rules for power plants.
McCarthy Seeks Early State Input To Address Possible Revisions To ESPS
EPA Encourages States To Form Regional Climate ESPS Compliance Plans
New Report Finds States Have Tools To Limit ESPS Compliance Costs
EPA is hosting four meetings on its proposed greenhouse gas rules for existing power plants which are expected to draw thousands of public commenters. A top agency water official is slated to detail the agency's "vision" for addressing stormwater now that the agency has decided not to proceed with regulatory measures.
A federal district court judge has ruled in favor of environmentalists' claim that EPA must take public notice and comment on its determination that it has satisfied a Clean Air Act mandate to regulate 90 percent of certain air toxics, though the judge declined to address the merits of whether the agency's determination is legally sound.
Even though Congress may not fund the recently enacted water infrastructure financing pilot program in the upcoming fiscal year, EPA officials are identifying a series of administrative challenges they face in implementing the program and are gathering input from municipal and utility officials on how to interpret the legislative language.
Energy industry groups are warning that EPA suggestions that it is considering crafting a federal implementation plan (FIP) for curbing emissions from existing minor sources at oil and gas sites on tribal lands -- largely in Western shale plays -- would be unlawful and EPA must instead address those sources on a case-by-case basis.
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