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Air

EPA Denial Of New York Ozone Petition Contradicts Interstate Air Ruling

EPA’s denial of New York’s Clean Air Act petition seeking federal regulation of out-of-state ozone sources appears to be at odds with a federal appeals court’s ruling days earlier that requires the agency’s primary interstate air pollution rule to respect states’ deadlines under the air law for attaining national air ambient quality standards (NAAQS).

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House Democrats Link DOJ Auto Antitrust Probe To Broader Trump Inquiry

Top Democrats on the House Judiciary Committee are linking the Department of Justice’s (DOJ) antitrust investigation into four automakers who signed California’s voluntary agreement to cut greenhouse gases to their broader investigation of alleged corruption and “abuses of power” by President Donald Trump.

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D.C. Circuit denies rehearing of EPA air monitoring policy suit

The appellate court’s denial of environmentalists’ petition to reconsider an adverse ruling forecloses a broader reexamination of the Clean Air Act’s filing deadline for challenges to EPA rules.

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Denver Ozone Fight Tests Trump EPA’s Policy On International Emissions

A fight between Colorado and the local oil and gas industry over ozone air regulation in the state could serve as an early test of the Trump EPA’s policy that makes it easier for states to avoid being penalized for being out of attainment with federal ambient air standards by accounting for air pollution from overseas in attainment findings.

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D.C. Circuit Will Decide CSAPR ‘Close-Out’ Suit Without Oral Argument

The U.S. Court of Appeals for the District of Columbia Circuit will decide states and environmentalists’ case against EPA’s “close-out” of the Cross-State Air Pollution Rule (CSAPR) emissions trading program without hearing oral argument, in what may be a bad omen for EPA’s chances of successfully defending the rule.

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Trump Administration Ramps Up Political War Over Vehicle GHG Rules

President Donald Trump and his aides are aggressively casting his administration’s rule to scrap state vehicle emissions standards not just as deregulation but also as part of a broader political war with California -- and rich elites -- in an apparent effort to retain or broaden support ahead of the 2020 election.

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Candidates Urged To Expand High Court Due To Climate Law Threats

Progressive academics are urging Democratic presidential candidates to back calls to add more seats to the Supreme Court, charging that even if they win the 2020 election and are able to usher in sweeping climate change legislation, the current justices are “poised to strike down key aspects of any conceivable” climate law.

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ACE critics seek to stay suit until NSR rule completed

Environmentalists are seeking to stall a case for which EPA is seeking expedited review.

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Targeting Venue, States Quickly Sue Over California Auto GHG Preemption

A coalition of 23 states and the District of Columbia is challenging the Trump administration’s final rule preempting California’s vehicle greenhouse gas standards, filing suit in district court even before the policy has been officially published in the Federal Register.

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Agencies Defend Legal Basis For Scrapping California Auto GHG Waiver

EPA and the Transportation Department (DOT) are defending the legal basis for their just-issued rule revoking California’s power to set its own vehicle greenhouse gas limits, asserting the state is preempted by fuel economy law and lacks “compelling and extraordinary” conditions needed to receive such authority under the Clean Air Act.

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