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Air

States say CSAPR rulings invalidate EPA ozone petition denials

East Coast states say that the D.C. Circuit must vacate EPA’s denial of their petitions for direct regulation of upwind ozone, based on its recent rulings in two key interstate pollution cases.

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States, Environmentalists Intervene To Protect EPA Air Law GHG Authority

States and environmental groups challenging EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule as too weak are also seeking to intervene on EPA’s behalf to defend the agency’s underlying authority to regulate power sector GHGs, asking an appellate court to allow them to weigh in on that specific issue.

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Investors urge GM to join California auto GHG deal

A coalition of two dozen major investors, led by New York City’s comptroller, is urging the major automaker to join California’s voluntary deal on auto greenhouse gas standards.

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Environmentalists Step Up Legal Pressure For EPA Species Review Of RFS

Environmentalists are stepping up legal pressure on EPA over its failure to conduct a broad review of the potential impacts to endangered species from its renewable fuel standard (RFS), raising the claim in litigation over the 2019 RFS even as the agency grapples with a court remand demanding it address the lack of a review for the 2018 RFS.

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Refiner Rejects EPA’s Claim Of ‘National’ Scope For RFS Hardship Waiver

Small refiner Sinclair Wyoming Refining is fighting to keep its challenge to EPA’s denial of a renewable fuel standard (RFS) economic hardship waiver in regional appellate court, as the agency seeks to dismiss the case and hear challenges to RFS waivers as “national” actions in the U.S. Court of Appeals for the District of Columbia Circuit.

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EPA Denies Interstate Rulings Invalidate Rejection Of States’ Ozone Petitions

EPA is denying that recent appellate rulings faulting its interstate air pollution policy also invalidate its rejection of Eastern states’ petitions asking the agency for stricter ozone rules in upwind states, arguing in new filings that the two court decisions address issues unrelated to EPA’s primary justification for denying the petitions.

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Critics of EO axing advisory panels urge Trump to rescind order

A wide-ranging collection of groups is arguing that President Donald Trump’s executive order requiring EPA and other agencies to eliminate advisory panels is “arbitrary,” “specious” and harmful.

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EPA sends final MATS rule rollback for OMB review

The agency is predicting November issuance of its final rule that is expected to undo the legal basis for the Obama-era mercury and air toxics standards (MATS) for power plants.

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D.C. Circuit Split On Procedural Bar In Suit Over EPA Air Permitting Policy

Appellate court judges at oral argument appeared split over environmentalists’ suit challenging an EPA guidance that critics say makes it easier to avoid strict Clean Air Act permitting reviews, with two judges doubting it is a “final” action subject to court review while the third judge questioned the agency’s legal basis for the guidance.

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Environmentalists, Industry Groups Detail Opposition To ACE Climate Rule

Environmental groups are for the first time outlining the issues they intend to raise in their litigation challenging EPA’s Affordable Clean Energy (ACE) rule addressing power plant greenhouse gas emissions and its simultaneous repeal of the much more stringent Clean Power Plan (CPP) that ACE replaces.

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