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
The Senate environment panel is set to consider EPA's newly proposed greenhouse gas rules for existing power plants. In the House, lawmakers will consider EPA's framework for integrating Clean Water Act permits for stormwater and wastewater. And industry and states are set to submit new arguments on whether courts should allow EPA to set a new timetable for implementing its Cross-State Air Pollution Rule (CSAPR).
The White House has few options to replace outgoing EPA Deputy Administrator Bob Perciasepe after he departs the agency in August and seems likely to promote his replacement from within, with sources pointing to toxics chief Jim Jones emerging as a top candidate. But the Senate's inability to confirm nominees means EPA could be forced to rely on an acting second-in-command for the remainder of President Obama's presidency.
A coalition of utilities, refiners, and large industrial manufacturers is threatening litigation if EPA does not make significant changes to its proposed greenhouse gas (GHG) standards for existing power plants, arguing that the rule as proposed would harm the nation's economy and grid reliability.
A western farmers' trade association is urging EPA to scrap a proposed settlement with environmentalists that would re-institute no-spray buffer zones along streams to protect endangered and threatened species from five pesticides, arguing the plan results from a "sue and settle" process that shuts out stakeholders and is unlawful.
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