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Climate Policy Watch

9th Circuit Grapples With Venue Precedent In Dueling Climate Nuisance Suits

A three-judge panel with the U.S. Court of Appeals for the 9th Circuit is grappling over the scope of issues it should consider in reviewing two conflicting district court decisions on the key issue of whether climate change nuisance cases brought by California municipalities against oil companies belong in state or federal courts.

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Critics Face Standing Test As They Eye Suits Over Controversial NEPA Plan

Critics of the Trump administration’s controversial proposal scaling back National Environmental Policy Act (NEPA) implementing rules could face legal hurdles if they challenge a final version of the rule, as legal experts warn they may lack standing to bring facial challenges and will have to wait to bring as-applied suits.

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Biofuels supporters promote ethanol as ‘clean’ fuel additive

Ethanol supporters will use a Feb. 6 conference in Washington, D.C., to promote backing for the fuel by touting its ability to displace toxic aromatics as a fuel additive.

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D.C. Circuit Denies Requests To Speed, Pause Vehicle GHG Waiver Suit

A federal appeals court is denying the Trump administration’s request to expedite litigation over its preemption of California and other states’ vehicle GHG programs, while simultaneously denying dueling requests by environmental groups and others to hold the litigation in abeyance.

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D.C. Circuit’s briefing plan for ACE suit punts argument to fall

Briefing in the consolidated litigation over EPA’s Affordable Clean Energy power plant greenhouse gas rule is scheduled to conclude at the end of July, meaning oral arguments likely won’t occur until at least September.

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UCS urges next president to ‘defend science’

The Union of Concerned Scientists in a new report says failing to take swift action to make science a centerpiece of regulatory actions will increase pollution and endanger public health.

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Ahead Of 9th Circuit Argument, Climate Nuisance Parties Spar Over Juliana

Municipal governments and the oil industry, which are poised to face off in oral argument in two climate nuisance lawsuits targeting the sector, are sparring over the relevance of failed climate litigation brought by youth plaintiffs against the federal government, with industry arguing an appellate decision to dismiss the case should be persuasive.

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NRDC sees ‘promising’ signs in bipartisan CES plan

“The fact that a West Virginia Republican and Oregon Democrat have teamed up reflects a potentially significant shift here in Washington,” argues one attorney with the Natural Resources Defense Council.

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Chamber urges Trump to embrace low-carbon ‘innovation’

“The Chamber has said very clearly inaction is not an option” on climate change, said a top official ahead of the president’s State of the Union. “We would like to see the president lean in as well.”

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Growth Energy urges EPA regulatory changes to boost E15

The ethanol industry group is using comments on a U.S. Department of Agriculture (USDA) proposed grant program to call for EPA regulatory changes that might boost sales of 15-percent ethanol (E15).

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