Thursday, July 24, 2014
NARUC Meeting

Pending Appeal Of FERC Suit Could Mark Key Test For EPA's GHG Deference

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.

Related Stories:
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 Week Ahead

Lawmakers Weigh ESPS, Water Infrastructure; CSAPR Suit Nears Deadline

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 Insider

ESPS 'Safety Valve' Sought

Regional transmission organizations are likely to urge EPA to add a "safety valve" to the proposed existing plants greenhouse gas rule in order to protect electric reliability and energy costs.

Read the Insider

EPA Faces Hurdles Replacing Perciasepe After Departure Announcement

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.

Industry Warns Of Legal Challenges If EPA Fails To Modify Climate Rule

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.

Growers Press EPA To Scrap ESA Suit Agreement, Charging 'Sue and Settle'

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.

Ozone NAAQS Update Revives Debate Over EPA's Deference From CASAC

Appellate Court Poised To Rule On Novel Superfund Enforcement Approach

Peer Reviewers Urge EPA To Seek Additional Ammonia Data For Analysis