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Climate Policy Watch

FERC Considers Direct GHGs For LNG Projects, Omits Broader Analysis

The Federal Energy Regulatory Commission (FERC) in a new order says it must consider the direct greenhouse gas emissions from liquified natural gas (LNG) export projects under the National Environmental Policy Act (NEPA), but that it need not assess broader upstream and downstream GHG emissions as it must do for certain gas pipelines.

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EPA Argues States Lack Standing To Challenge Landfill Methane Rule Delay

EPA is arguing that California and other states lack standing to sue over its delay in implementing an Obama-era landfill methane rule and thus their suit must be dismissed, disputing that the states in the case are entitled to the “special solicitude” the Supreme Court granted states on climate change in its landmark Massachusetts v. EPA decision.

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EPA Inks Deal On RFS Study With Sierra Club Despite ‘Sue-And-Settle’ Bar

EPA and the Sierra Club have reached a draft partial consent decree that sets a March 2020 deadline for the agency to complete a long-overdue study to determine if its renewable fuel standard (RFS) has harmed the environment, in a case seen as an important test of former Administrator Scott Pruitt’s bar against so-called “sue-and-settle” practices.

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Automakers Offer Mostly Muted Reaction To End Of Vehicle GHG 'Talks'

Automakers are offering a largely tepid reaction to the White House's announcement that it has ended talks with California once touted as a way to avoid litigation over vehicle greenhouse gas standards, with some companies expressing “disappointment,” though there is little sign the industry can or will unite to prevent a years-long legal fight.

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D.C. Circuit dismisses NEPA pipeline claim

One consulting firm warns that the Federal Energy Regulatory Commission may face worse odds of success in two upcoming NEPA-related challenges to its gas pipeline approvals.

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White House Plans Announcement Of Breakdown In Vehicle GHG Talks

The Trump administration appears poised to formally announce that it has failed to reach a deal with California and automakers over changes to vehicle greenhouse gas and fuel economy standards, as it prepares to finalize regulations that would aggressively roll back Obama-era limits and block California's authority to regulate vehicle GHGs.

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As EPA Preps ACE Rule, Data Shows Slight Power Sector CO2 Rise In 2018

After years of declines, new EPA data shows that power plants' carbon dioxide emissions increased in 2018, potentially complicating the agency's message just as it is preparing to finalize its Affordable Clean Energy (ACE) rule, a major rollback to Obama-era greenhouse gas standards for the sector.

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D.C. Circuit Judges Question 2018 RFS But Rule’s Fate Remains Unclear

Appellate judges at Feb. 20 oral argument questioned EPA, the oil sector and biofuels groups over alleged flaws in the 2018 renewable fuel standard (RFS) rule setting fuel production goals, but the two judges gave few indications on whether they will defer to the agency’s rulemaking power or potentially undo parts of the 2018 RFS.

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Oil, Biofuels Groups Slated To Raise Competing Arguments Over 2018 RFS

Oil and biofuels industry groups are slated to raise competing arguments over alleged flaws in EPA’s 2018 renewable fuel standard (RFS) at Feb. 20 oral arguments over the rule, and the agency’s issuance of several waivers to small refiners from having to meet the RFS’ fuel production mandates has emerged as a key issue.

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Chamber sounds alarm over California carbon tax study

"This new type of 'carbon tax' would result in BOTH a cap on emissions from facilities AND a carbon-based sales tax on the products manufactured in those facilities,” a Chamber official wrote.

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