Climate Policy Watch

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.

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.

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.

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.