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D.C. Circuit Denies Rehearing In Suit Over Scrapped EPA Air Toxics Policy

A federal appeals court has denied rehearing of environmentalists’ suit over EPA’s decision to scrap a longstanding “once in, always in” policy that permanently subjected “major” sources of air toxics to strict emissions controls, but one dissenting judge warns the denial will “eviscerate” the court’s power to review some agency actions.

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Firm Drops California Gas Plant, Likely Ending Novel BACT Suit Against EPA

The developer of a proposed natural gas-fired power plant in southern California has abruptly canceled the project, likely ending environmentalists’ novel lawsuit against EPA for not requiring the plant to use battery storage to satisfy best available control technology (BACT) requirements in a prevention of significant deterioration (PSD) permit.

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Divided CASAC Backs Ozone Standard But Urges NAAQS Process Changes

A majority of EPA’s divided Clean Air Scientific Advisory Committee (CASAC) is backing agency staff’s finding that the existing ozone national ambient air quality standards (NAAQS) are adequate to protect public health, but CASAC is calling for a change to the NAAQS review process to reinstate special advisory panels for the assessments.

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Democrats seek six-month comment period for NEPA plan

The Council on Environmental Quality is accepting comment through March 10 on its proposed overhaul of NEPA rules, though Democrats want to see the comment deadline extended until July.

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SAB struggles to review critiques of EPA science, water rules

The board’s inability to reach consensus appears likely to bolster EPA plans to ignore any criticisms SAB may provide.

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DOJ Says Fast Review Would Avoid ‘Months’ Of Delay In Auto GHG Suit

The Justice Department (DOJ) is offering a new rationale to expedite review of appellate cases over the Trump administration’s preemption of state auto greenhouse gas rules, citing the possibility of “months” of delay while a district court weighs a similar case with a key procedural hearing slated for mid-April.

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Environmentalists sue EPA to spur action on California SIPs

The suit comes as environmentalists are concerned that California may be withdrawing some of its proposed SIPs as part of a deal with EPA.

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Reports Highlight Growing Private Sector Warnings On Climate Risk

A top management consulting firm and a credit ratings agency are separately warning that the far-reaching threats to various sectors from unchecked climate change continue to grow, providing detailed risk projections ranging from Florida’s real estate market to utility infrastructure across the country.

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Environmentalists Urge Stronger SAB Criticism Of EPA’s MATS Rollback

Environmental groups are urging EPA’s Science Advisory Board (SAB) to strengthen its critique of the agency’s plan to undo the cost review underpinning the legal basis for the Obama-era utility air toxics rule, praising SAB’s criticism of flaws in the rule but seeking the board’s push-back on its approach to cost-benefit reviews.

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House GOP weighs response to Democrats’ climate agenda

The Republican plan is unlikely to include comprehensive solutions such as carbon pricing, but instead will focus on research or other incentive-based approaches to the issue.

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