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Climate Policy Watch

Timeline For Air Cost-Benefit Rule Slips Toward The End Of 2020

EPA’s timeline for proposing major changes to how it conducts cost-benefit analysis under its Clean Air programs has slipped by about six months, a knowledgeable source says, with the agency now targeting the end of 2020 for a final rule.

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Biogas producers seek to consolidate suits over 2019, 2020 RFS rules

Biogas producers are looking to combine suits challenging the 2019 and 2020 renewable fuel standard (RFS), primarily challenging EPA’s failure to grant RFS credits for electricity made from landfill gas.

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Youth Plaintiffs Seek En Banc Review Of 9th Circuit Climate Case Dismissal

Lawyers for 21 youth plaintiffs are asking the full U.S. Court of Appeals for the 9th Circuit to review a split panel decision dismissing their climate change case against the federal government for lack of standing, putting the case on a path to the Supreme Court where some warn it could severely limit standing for a range of environmental plaintiffs.

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CEQ fights use of FOIA case to ‘derail’ NEPA rule

The White House Council on Environmental Quality argues that an environmental group is seeking to use a Freedom of Information Act suit to “derail” the council’s controversial National Environmental Policy Act plan.

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Senate Energy Bill Debate Prompts Calls For Broader Climate Measures

The Senate’s move to begin debating a bipartisan energy package to boost research of various low-carbon technologies is likely to tee up, if not necessarily resolve, demands for additional climate policies including clean energy tax credits, new EPA curbs on hydrofluorocarbons (HFC) and tougher building codes.

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California, DOJ clash over cap & trade suit schedule

California is suggesting that a federal district court postpone its March 9 oral argument in the suit in order to allow more briefing on the Trump administration’s claims in the case challenging the state’s cap-and-trade program.

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EPA Advisors Offer Harsh Critique Of Proposed Vehicle GHG Rollback

EPA’s Science Advisory Board (SAB) is releasing a final harsh critique of the modeling underlying the agency’s plan to roll back vehicle greenhouse gas standards, stating the plan’s flaws are significant enough that the current policy may be better for the public than the proposed rollback.

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EPA trends report finds ‘marginal’ fuel economy gains

The report shows that fleetwide fuel economy rose by 0.2 miles per gallon in 2018, with the agency also tallying “preliminary” figures for 2019 that show a further increase.

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Biofuels Groups File First Suit On 2020 RFS, Revive Blending Formula Case

Biogas producers seeking credit for their fuel as a compliance option for EPA’s renewable fuel standard (RFS) have filed what appears to be the first of several expected lawsuits over the agency’s 2020 RFS fuel production goals, while a broader group of biofuels makers is reviving a separate legal fight over EPA’s biofuels blending formula.

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Industry Says En Banc Jurisdiction Case Boosts Climate Nuisance Defense

Industry groups are citing a new ruling broadening the test for when common law nuisance suits can be removed from state to federal court to bolster their defense of a raft of climate nuisance cases brought by local governments against oil majors, where courts are considering their “federal officer removal” jurisdiction arguments.

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