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Energy

9th Circuit Affirms Second Climate Nuisance Case Despite DOJ Push

The U.S. Court of Appeals for the 9th Circuit is rejecting a push by the federal government and the oil sector to rehear a panel ruling allowing cities’ climate nuisance cases to proceed in state court, echoing the court’s decision from a week ago that also rejected calls to reconsider its ruling in a separate nuisance suit.

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Environmentalists Cite SCC Ruling In Push For Stricter Power Plant ELGs

Environmental groups are urging the White House Office of Management and Budget (OMB) to strengthen EPA’s rules on discharges from steam-powered electrical utilities, arguing in part that a recent district court ruling highlights shortcomings in the agency’s social cost of carbon (SCC) used to help develop the power plant water rule.

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EPA Air Chief Says First State ACE Compliance Strategy Coming ‘Soon’

The first state compliance plan under EPA’s Affordable Clean Energy (ACE) climate rule for existing power plants is expected “soon,” according to the agency’s de facto air chief, who described it as a chance for her office to demonstrate how it will work with states to implement the rule.

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Gas Firm’s Appeal Tests Limits Of EPA Air Enforcement Consent Decrees

EPA is defending its right to enforce federal air toxics regulations against a Utah gas services company in an Environmental Appeals Board (EAB) dispute testing the limits of an earlier consent decree that the company claims shields certain equipment from agency air rules, a case that may set a precedent for similar decrees.

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Foes Launch New Legal Bids Against FERC Finding ‘Need’ For Pipelines

Opponents of natural gas infrastructure projects are pursuing new legal arguments seeking to overturn their approvals by the Federal Energy Regulatory Commission (FERC), including by challenging regulators’ decision that developers have shown the projects are “needed” in the market.

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EPA weighing response to ‘surprise’ ozone designations ruling

EPA’s de facto air chief Anne Austin says it will be at least a matter of weeks until the agency decides how to proceed after appellate judges struck down several of its ozone attainment designations.

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Drinking Water Utilities Seek Stricter Bromide Controls In Power Plant ELG

Drinking water utilities are pressing White House and EPA officials to ensure pending Clean Water Act (CWA) effluent limits for power plants contain stringent controls on discharges of bromide, a chemical which can increase the creation of carcinogenic compounds in treated drinking water.

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TCEQ, EPA Region 6 tout pandemic enforcement success

A top environmental regulator in Texas notes that requests are “tapering off” from regulated entities seeking enforcement discretion due to the coronavirus pandemic.

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As Experts Weigh In, FERC Gets 90 Days To Appeal Tolling Order Ruling

As legal experts are debating the implications of a major court ruling upending the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders” to delay administration rehearing of gas infrastructure approvals, the commission secured more time to decide whether to appeal the decision to the Supreme Court.

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Attorneys See 5th Circuit Standing Decision Limited By Case’s Complexity

Environmentalists are downplaying the U.S. Court of Appeals for the 5th Circuit’s recent decision that said they must demonstrate harm from each alleged Clean Air Act violation in a multi-pronged air suit, saying the decision merely sets out a roadmap for litigating complex cases rather than tightening the court’s overall standing test.

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