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Climate Policy Watch

Continuing Push To Limit SEPs, DOJ’s Clark May Seek Citizen Suit Curbs

Weeks after barring EPA and the Justice Department from using supplemental environmental projects (SEPs) in civil settlements, Jeffrey Clark, the Justice Department’s (DOJ) environment chief, says he is now weighing whether he can also prohibit their use in citizen enforcement suits, while also suggesting he may seek to limit the suits themselves.

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Coronavirus Prompts EPA To Retain RFS Waivers, Delay Summer Gasoline

EPA says the coronavirus pandemic is prompting it to retain renewable fuel standard (RFS) waivers already granted to small refiners despite an appellate ruling that will strictly limit future issuance of such exemptions, and the agency is also extending a deadline for introducing less-polluting summertime gasoline because of the virus.

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Citing New EIS Precedent, Court Rejects NEPA Review Of Major Pipeline

A federal district judge is rejecting as insufficient under the National Environmental Policy Act (NEPA) the Army Corps’ streamlined environmental assessment (EA) of the Dakota Access Pipeline, citing a new appellate court precedent requiring a more in-depth environmental impact statement (EIS) for “controversial” projects.

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Industry urges courts to ignore 4th Circuit climate nuisance ruling

The oil sector argues the 4th Circuit’s ruling, which focused on the proper venue for climate nuisance cases, was wrong and should be disregarded.

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DOJ Urges Full 9th Circuit To Deny Rehearing Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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DOJ Urges Full 9th Circuit To Deny Rehearing Of Youth Climate Litigation

The Department of Justice (DOJ) is urging the full U.S. Court of Appeals for the 9th Circuit to deny rehearing of a three-judge panel’s split ruling dismissing a novel youth constitutional climate change case, arguing that the panel’s decision was correct and that the case does not satisfy the high standard for en banc review.

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EPA, DOT to finalize auto GHG rule rollback early next week

EPA and the Department of Transportation could finalize their joint rollback of Obama-era vehicle greenhouse gas standards by March 30 or 31, starting the clock for expected lawsuits.

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Ewire: EPA, DOT to finalize auto GHG rule rollback early next week

EPA and the Department of Transportation could finalize their joint rollback of Obama-era vehicle greenhouse gas standards by March 30 or 31, starting the clock for expected lawsuits.

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McKenna leaves White House post

Michael McKenna, the former Republican energy lobbyist who joined the White House last fall, resigned after an unspecified complaint was lodged against him regarding statements he made at work.

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EPA drops RFS waiver ruling appeal, signaling huge cut in exemptions

The agency’s decision not to appeal a ruling significantly restricting its renewable fuel standard small refiner waiver policy will dramatically limit the number of future waivers EPA can issue.

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