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Energy

7th Circuit raises legal hurdle for suit over EPA utility ELG

A federal appeals court is warning Springfield, IL, that it might have missed the deadline for challenging the Trump EPA’s final power plant effluent limitation guidelines (ELG) rule.

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Corps seeks more time to decide position in pipeline NEPA suit

The U.S. Army Corps of Engineers wants to extend from March 12 to April 12 the deadline for deciding whether to seek review of a key National Environmental Policy Act ruling on a controversial pipeline.

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D.C. Circuit Rejects New Jersey’s Suit Over EPA NSR Recordkeeping Rule

The U.S. Court of Appeals for the District of Columbia Circuit is rejecting New Jersey’s challenge to a years-old EPA rule limiting facilities’ Clean Air Act new source review (NSR) recordkeeping and reporting requirements, saying the agency was justified in setting a minimum threshold of emissions below which no reporting is required.

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Federal Judge Trims ExxonMobil’s Landmark Air Act Emissions Penalty

A federal district court judge has cut ExxonMobil’s landmark legal penalty for numerous Clean Air Act violations at its Baytown, TX, refinery from a $20 million down to $14.25 million, after an appeals court faulted the original penalty in a suit that had been seen as a major win for citizen enforcement of the air law.

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Justices Use Narrow FOIA Test To Bar Release Of Cooling Water BiOps

The Supreme Court has overturned an appellate ruling that would have mandated the release of draft Endangered Species Act (ESA) biological opinions (BiOps) used to craft EPA’s cooling water intake rule, saying the BiOps are not “final” orders with legal effect but framing the outcome as a narrow, case-specific decision.

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House ethanol supporters float bills to boost use of biofuels

Democratic and GOP House members have introduced legislation that aims to boost sales of 15-percent ethanol fuel and improve the greenhouse gas profile of biofuels.

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EPA Might Pursue Narrower CPP Replacement To Pass High Court Muster

EPA could choose to pursue a narrow replacement for the Obama-era Clean Power Plan (CPP) greenhouse gas rule for existing power plants because of concerns that a sweeping regulatory plan might not pass muster with a skeptical conservative Supreme Court, says former Obama EPA Deputy General Counsel Ethan Shenkman.

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Senate EPW announces subcommittee assignments

The announcement of the subcommittee assignments means that senators on EPW can begin work on developing legislation designed in part to achieve President Joe Biden’s environmental goals.

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Montana Cites Texas Storm In Bid To Scrap Keystone CWA Permit Ruling

Montana and the oil and gas industry are pushing back on environmentalists’ calls for a federal appeals court to uphold a lower court’s ruling that vacated the use of a Clean Water Act (CWA) general permit to build the Keystone XL pipeline, with the state citing freezing weather in Texas as showing the need for the energy project.

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4th Circuit grants EPA request to stay power plant ELG litigation

The order holding the litigation in abeyance until May 25 will allow the Biden EPA time to continue its review of the Trump effluent limitation guidelines (ELG) and decide administratively whether to revise it.

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