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EPA Faces Tough Policy Choices After D.C. Circuit Interstate Ozone Rulings

EPA faces tough choices on how to proceed with its policy on reducing interstate emissions transport following recent rulings by the U.S. Court of Appeals for the District of Columbia Circuit that require the agency to revise its cross-border regulations within the restrictions and flexibilities that the court outlined in its decisions.

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Ameren quickly appeals NSR remedy ruling to 8th Circuit

The power company is also seeking a stay of the federal district court judge’s ruling imposing emissions reduction requirements on a Missouri coal-fired plant pending its appeal.

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In Procedural ‘Snafu,’ OMB Spurns Meeting Asks Over Auto GHG Rule

Underscoring the Trump administration’s chaotic process for scuttling Obama-era vehicle greenhouse gas standards, the White House Office of Management & Budget (OMB) has rejected several groups’ requests for meetings on the draft final policy, including a national group representing state and local air regulators.

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Former EPA General Counsel Argues Agency Can Impose Carbon ‘Fee’

Former George H. W. Bush EPA General Counsel E. Donald Elliott is pushing a novel argument that the agency can impose a carbon “fee” under existing authority, suggesting it could be attractive to companies looking to head off stricter limits on fossil fuel extraction that major Democratic presidential candidates are considering.

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States Eye Adopting CARB Truck NOx Standards Due To EPA Rule Delay

Several East Coast states say they might adopt the California Air Resources Board’s (CARB) planned low-nitrogen oxide (NOx) standards for heavy-duty trucks starting in model year 2024-26, given uncertainty over the effectiveness of EPA’s plan to adopt new national standards starting in MY27.

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Experts Claim Attack On California Auto GHG Rules Legally Vulnerable

Environmental law experts are underscoring multiple legal obstacles the Trump administration faces when defending its rule preempting California’s vehicle greenhouse gas and zero emissions vehicle (ZEV) rules, including statutory history and EPA’s unprecedented withdrawal of permission for the programs years after approving them.

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TCI releases framework for regional transport carbon program

The draft cap-and-trade program, modeled after the Northeast’s carbon trading market, would be the first multi-state effort in the country to directly limit transportation sector greenhouse gas emissions.

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EPA issues ‘call for information’ on AFO air emissions

The agency is seeking new input on issues related to emissions generated by animal feeding operations, with some environmentalists pushing for Clean Air Act rules for the facilities.

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SAB Gives Largely Critical Responses To EPA Science Transparency Rule

EPA science advisors are giving largely critical responses to the agency’s narrow questions about how to implement protections of trade secret or personal medical information as part of its effort to advance the science transparency rule that aims to bar agency decision-makers from relying on any information that is not publicly available.

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D.C. Circuit Vacates CSAPR ‘Close-Out,’ Sets Rehearing Petition Deadline

The U.S. Court of Appeals for the District of Columbia Circuit has vacated EPA’s rule “closing-out” the Cross-State Air Pollution Rule (CSAPR) emissions trading program and set a tight deadline for rehearing petitions, adding further confusion to the agency’s interstate air policy following a separate court defeat over an earlier version of CSAPR.

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