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Climate Policy Watch

Climate plaintiffs tout precedent in state opioid ruling

A landmark court ruling in Oklahoma holding a drugmaker responsible for the opioid epidemic was brought under the same “public nuisance” legal theory as a range of climate cases against oil majors.

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Dispute Over EPA Auto GHG ‘Finding’ Poses Risks In Future Litigation

As appellate judges prepare to hear oral argument in a legal challenge to EPA’s finding that Obama-era vehicle standards must be weakened, the dispute looms as a possible legal tripwire for the Trump administration during expected lawsuits to its pending rollback rule, should states and environmental groups prevail in the instant case.

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Five GOP Governors Urge EPA Against Agriculture Biomass CO2 Rules

Five Midwestern governors are urging EPA to broadly declare that carbon dioxide emissions from the use of a variety of agricultural feedstocks cannot be regulated under the Clean Air Act, a move that would go beyond the Trump EPA’s existing efforts to treat biomass electricity as carbon neutral for regulatory purposes.

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Environmentalists Slam EPA Basis For Cutting Oil & Gas Methane Limits

Environmental groups are pushing back hard against EPA’s claims that it can drop oil and gas methane standards because they are “redundant” due to limits on smog-forming emissions, arguing the move eliminates future standards for existing sources in the sector and would even boost emissions at some new facilities.

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Oil Industry Warns Trump’s Plans To Bolster Ethanol May Be ‘Disastrous’

The American Petroleum Institute (API) is warning President Donald Trump against proceeding with his plan for a “giant package” of measures to boost ethanol production, saying that several of the potential options the president could pursue, including hiking EPA renewable fuel standard (RFS) targets for biofuels, could be “disastrous.”

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CAP touts ‘direct’ infrastructure spending to cut GHGs

“It is urgent that Congress pursue all avenues to reduce carbon pollution and address climate change, including through direct federal spending,” the Democratic-leaning group says in a new report.

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NRECA defends bid to join key EPA landfill case

The electric co-op group says it meets the requirements for substituting for a disbanded utility group or intervening in the case, which could test EPA’s authority to strengthen prior air rules.

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Auto groups rebut ‘finality’ claims in vehicle GHG finding suit

Two auto industry trade associations are challenging claims that a recent appellate decision shows EPA’s 2018 “determination” to roll back its vehicle greenhouse gas rules is ripe for court review.

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2020 Democrats’ Climate Change Plans Poised For Heightened Scrutiny

Sweeping climate change policy proposals from top Democratic presidential contenders are scheduled for hours of televised scrutiny Sept. 4, as a rare prime-time event focusing exclusively on climate is underscoring how the topic is garnering increased attention so far in the 2020 campaign.

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D.C. Circuit Rejects RFS ‘Obligation’ Suit But Allows For Future Challenge

A federal appeals court has again rejected refiners’ challenges to the “point of obligation” for compliance in EPA’s renewable fuel standard (RFS) that currently rests with the industry, but in a complex ruling leaves the door open to future suits over the compliance issue that has long pitted smaller “merchant” refiners against their larger rivals.

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