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EPA Could Revive ‘Capacious’ Interpretation Of Clean Air Act Authorities

As the Biden EPA grapples with reversing Trump-era deregulatory actions while tackling major issues such as climate change, the agency could return to a “capacious” interpretation of existing Clean Air Act (CAA) powers as Joe Goffman, currently the Biden administration’s top political appointee in EPA’s air office, suggested last year.

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EPA in settlement talks over ‘general’ flares air policy update

If the agency settles the litigation, it would likely review and possibly tighten general Clean Air Act requirements for flares and potentially revise flaring rules for at least nine industry sectors.

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EPA makes ‘ministerial’ change to air rules on SSM

The agency claims its regulatory change requires no public notice or consultation, as it considers how to proceed with a policy on air law waivers for excess emissions during facility startup, shutdown or malfunction.

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Judges Query Standing In Landmark Mobile Source Clean Air Citizen Suit

Federal appeals court judges at March 10 oral arguments wrestled with the key issue of legal standing in a case that seeks to overturn a landmark lower court ruling that critics say unfairly expands citizens’ constitutional power to file Clean Air Act lawsuits against mobile sources, though it is unclear how they might ultimately rule.

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EPA hosts HFC workshops for industries ahead of allocation rule

The workshops highlight the agency’s swift move to use new statutory power to regulate and phase down the use of hydrofluorocarbons (HFCs), chemicals that are potent greenhouse gases.

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EPA Planning New Interstate Air Rule For Attaining 2015 Ozone Standard

The Biden EPA is planning a new interstate air pollution rule to help states meet the 2015 ozone ambient air limit, sources say, separate from an imminent final rule updating an existing air trading program for meeting the earlier 2008 ozone air limit that is expected to largely echo a Trump-era proposed version revising the program.

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Youth Plaintiffs Seek To Narrow Remedy In Novel Climate Suit Against U.S.

Youth plaintiffs pursuing novel climate litigation against the federal government are asking a federal district court to amend their complaint and narrow the remedy they are seeking in line with an appeals court ruling.

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Researchers find wildfire smoke more dangerous than regular PM2.5

The conclusion that fine particulate matter (PM2.5) from wildfire smoke could be more harmful than PM2.5 in the ambient air might bolster the case for more-stringent PM2.5 air standards.

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Attorney Fighting Landmark Citizen Air Suit Warns Of Bad Legal Precedent

Cole Cannon, the attorney representing the hosts of the “Diesel Brothers” television show in their appeal of a federal district court Clean Air Act ruling, is warning ahead of March 10 oral argument in the case that the decision sets a bad precedent by broadly expanding citizen’s constitutional standing to file citizen enforcement suits.

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Youth climate plaintiffs withdraw request to delay suit’s mandate

Withdrawal of the request sends the novel climate suit to a federal district court in Oregon, but the youth plaintiffs are still vowing a Supreme Court appeal of an adverse decision in their challenge.

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