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Climate Policy Watch

House energy committee Republicans name leadership

Rep. David McKinley (R-WV) is the new Republican leader of the environment panel while Rep. Morgan Griffith (R-VA) takes a leadership role on the oversight subcommittee.

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D.C. Circuit Stays RFS Waivers, Biden EPA Plans Future Of Fuels Program

The U.S. Court of Appeals for the District of Columbia Circuit is staying three last-minute renewable fuel standard (RFS) compliance waivers that the Trump administration granted to small refiners, freezing the exemptions at the same time as the Biden EPA is weighing its policy on waivers and the broader future of the RFS program.

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EPA Grapples With Imminent Decisions On Scope Of Regulatory Agenda

Biden EPA officials in their first several weeks in office will have to make swift decisions on the scope and speed of the agency’s regulatory agenda, according to several legal experts, though they add that the administration has multiple options for how to implement ambitious environmental policies.

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United States Rejoins Paris Climate Deal But Major Challenges Await

The United States is moving to notify other countries it is rejoining the Paris climate deal, reversing former President Donald Trump’s decision to withdraw from the pact but posing challenges for the Biden administration on how to meet the agreement’s goals -- including the need for possible new EPA greenhouse gas rules.

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Biofuels Groups Vow To Fight Wheeler’s 11th-Hour RFS Waiver Approvals

Biofuels groups are planning litigation to challenge former Trump EPA Administrator Andrew Wheeler’s last-minute approval of three renewable fuel standard (RFS) compliance waivers, an action that one industry group calls a “sucker punch” for biofuels producers even though the approvals are much more limited than previously expected.

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Court Gives Biden New Opening to Pursue Strict Power Plant GHG Curbs

The appellate ruling vacating EPA’s Affordable Clean Energy Rule (ACE) rejects the agency’s claims that it cannot pursue beyond-the-fenceline greenhouse gas controls, giving the Biden administration a fresh opening to pursue strict power plant GHG curbs administratively or in cooperation with Congress, observers say.

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Briefs in suit over Trump vehicle GHG rule rollback might aid Biden

The legal filings might provide supporting rationales for the incoming Biden administration to undo the Trump EPA’s rollback of vehicle greenhouse gas standards.

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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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