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Climate Policy Watch

California Defends Cap & Trade Link With Quebec Against Trump Lawsuit

California and its allies are detailing their legal defense against the Trump administration’s lawsuit charging the state’s greenhouse gas cap-and-trade program link to Quebec is unconstitutional, arguing specifically that the connection is not a treaty and does not violate the Compact Clause.

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Auto GHG Rule Delays Threaten To Create New ‘Lead Time’ Legal Risks

The Trump administration’s chronic delays in completing its rollback of Obama-era vehicle greenhouse gas and fuel economy rules are threatening to introduce a new legal risk to the rulemaking, given a looming statutory “lead time” deadline for the Transportation Department to complete its standards.

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In Win For Trump, District Court Pauses DOT Auto GHG Preemption Suit

A federal district court is handing states and environmental groups a setback in an ongoing jurisdictional dispute with the Trump administration over how courts should review its rule preempting state vehicle greenhouse gas programs, with the court pausing litigation over the Transportation Department’s (DOT) portion of the rule.

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Trailer makers seek to cut EPA deference on GHG rules

“EPA’s unprecedented theory -- that trailers can be regulated as ‘incomplete vehicles’ -- is both legally and factually incorrect,” the brief says.

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Senate Democrats Gives EPA Lead Role In Achieving Net-Zero GHG Goal

Nearly three dozen Senate Democrats are introducing new legislation directing EPA to implement a far-reaching plan using its existing Clean Air Act authority to achieve net-zero greenhouse gas emissions by 2050, while including strong labor and environmental justice protections.

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Senate Democrats Give EPA Lead Role In Achieving Net-Zero GHG Goal

Nearly three dozen Senate Democrats are introducing new legislation directing EPA to implement a far-reaching plan using its existing Clean Air Act authority to achieve net-zero greenhouse gas emissions by 2050, while including strong labor and environmental justice protections.

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Industry Attorney Warns Of Broad Pushback To CEQ’s NEPA Overhaul

An industry attorney is warning of a broad judicial and public pushback to the Council on Environmental Quality’s (CEQ) plan overhauling National Environmental Policy Act (NEPA) rules, which he says will create unintended consequences, including novel lawsuits to hamstring the rule, a loss of deference and agency confusion.

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Wheeler Weighs Major Overhaul Of RFS Waiver Policy After Adverse Ruling

EPA Administrator Andrew Wheeler is weighing a major overhaul of the agency’s policy for issuing renewable fuel standard (RFS) waivers to small refineries following an appellate ruling that rejected several exemptions, with some refining sector officials fearing the decision will force EPA to dramatically cut the number of waivers it issues.

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Critics outline claims over EPA’s landfill methane ‘delay’ rule

EDF and a state coalition argue EPA failed to show a “reasoned justification” for its August rule significantly extending implementation deadlines for Obama-era landfill methane standards.

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Battle Erupts Over How D.C. Circuit Auto GHG Order Affects Jurisdiction

The Trump administration and its critics are at odds over whether a district court can proceed with litigation challenging the Trump administration’s rule preempting state vehicle greenhouse gas rules after an appellate court issued an order denying the parties’ competing requests to pause or speed its consideration of the dispute.

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