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Climate Policy Watch

D.C. Circuit Faults EPA For ‘Misconstruction’ Of 111(d) Power In ACE Rule

The divided appellate court panel that vacated the Trump EPA’s Affordable Clean Energy (ACE) rule says the exiting administration relied on a “fundamental misconstruction” of its Clean Air Act authority when it scrapped the Obama-era Clean Power Plan (CPP) climate rule and replaced it with the narrower ACE policy.

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Industry Expresses Optimism After High Court Arguments In Climate Suit

Several Supreme Court justices Jan. 19 indicated they thought Baltimore’s climate nuisance case against oil majors faces a difficult path forward, leaving industry attorneys hopeful they will prevail in efforts to either upend this and similar cases altogether or force them to be heard in federal court, which they see as a favorable venue.

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D.C. Circuit Vacates Trump EPA’s ACE Power Plant Greenhouse Gas Rule

The U.S. Court of Appeals for the District of Columbia Circuit has vacated EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule, handing the agency a major defeat on the penultimate day of the Trump administration while easing the incoming Biden team’s ability to rewrite it.

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Backers See McCabe Playing Key Role On Climate Rules, Rebuilding EPA

President-elect Joe Biden’s pick of former EPA air chief Janet McCabe to serve as deputy administrator is garnering broad praise from former agency staff and other observers, with the one-time Obama official seen as an experienced hand who could aid the new administration’s focus on climate and broader efforts to strengthen the agency.

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D.C. Circuit rejects request to stay EPA oil and gas rule rollback

“Petitioners have not satisfied the stringent requirements for a stay pending court review,” says a brief order issued by the U.S. Court of Appeals for the District of Columbia Circuit.

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Potential Nominees For EPA Air Chief Balance State, Agency Experience

President-elect Joe Biden is said to be considering potential nominees to head EPA’s air office that offer a mix of state-level and federal experience, sources say, with the incoming administration aiming to balance a need for “insider” knowledge with fresh perspectives on issues such as climate change and environmental justice (EJ).

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High Court May Rule Beyond Narrow Question In Climate Nuisance Case

The Supreme Court is poised to hear Jan. 19 oral arguments on a key jurisdictional question governing whether a raft of climate change nuisance cases against big oil companies can be heard in state or federal courts, though experts say conservative justices could opt to go beyond the esoteric question at issue and seek to tank the suits on the merits.

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EPA Takes Steps To Bolster Use Of E15 Fuel, Seeks Input On RFS Waivers

EPA is proposing to take further steps to bolster use of 15 percent ethanol fuel (E15) by altering or removing gas pump labeling requirements, while also inviting public comment on how it should proceed with several states’ and refiners’ applications for exemptions from renewable fuel standard (RFS) biofuel blending mandates.

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Coalition of states, environmentalists sue EPA over aircraft GHG rule

A group of 12 Democrat-led states and three environmental groups in their legal challenges will push the Biden EPA to scrap the aircraft rule and adopt much more-ambitious greenhouse gas limits.

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Trump DOJ confirms ‘no further action’ on EPA coal plant NSPS

The Justice Department is asking a court to continue a pause in litigation over the Obama-era rule in order to give the incoming Biden administration time to assess the plan.

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