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D.C. Circuit sets October arguments in three air act cases

In a series of recent orders, the D.C. Circuit is setting up a busy schedule for arguments in three clean air cases in October.

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API Pushes Voluntary Methane Program As Alternative To EPA, State Rules

The American Petroleum Institute (API) is touting its voluntary program for reducing methane leaks from gas production as an alternative to regulations being sought by Colorado and other states, as well as a guide for the Trump EPA to follow as it reconsiders Obama-era rules designed to curb drilling-related air emissions.

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Democratic AGs Vow To Ignore ‘Unlawful’ EPA CWA Section 401 Guidance

Democratic attorneys general (AGs) from 14 states are urging EPA to withdraw a controversial guidance on how states can place water quality conditions on federally approved permits, arguing the guidance is contrary to the Clean Water Act (CWA) and case law and vowing to adhere instead to existing, binding requirements.

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D.C. Circuit denies rehearing of RFS waivers suit

The D.C. Circuit’s denial of biofuels producers’ suit over RFS waivers comes amid heightened tensions as EPA weighs pending requests for up to 40 more such waivers.

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EPA Faces Sharp Split Over Addressing Energy Sector’s ‘Produced’ Water

EPA is facing sharp differences among key groups about whether scientific data support the reuse of produced water outside of oil and gas drilling by easing regulatory restrictions and taking other steps, as the energy industry claims, or whether the agency should proceed with caution on any changes, as water utility groups and environmentalists insist.

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States Say EPA’s Assistance Vital For Goal Of Increasing Water Reuse

State water regulators are highlighting potential challenges facing the Trump administration’s push to encourage water recycling, urging EPA to focus on long-term coordination with state water programs in order to provide what they say are necessary tools and resources for states to continue their water reuse efforts.

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Biofuels Maker Sues EPA For Rejecting RFS Fuel Target Test Methodology

Cellulosic biofuel manufacturer POET Biorefining is suing EPA over the agency’s disapproval of a proprietary fuel testing method that EPA says cannot guarantee compliance with renewable fuel standard (RFS) requirements for the qualities of cellulosic fuel, a decision that could further hinder growth in the cellulosic fuel sector.

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Court won’t rehear FERC GHG case, but new request filed

Appellate judges refused to consider a three-judge panel’s ruling in a high-profile challenge to a gas pipeline project, though the court is facing a similar request in a related case over a different project.

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ACE Backers Reach ‘Gentlemen’s Agreement’ Not To Raise Key CPP Claim

Industry and state supporters of EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule are expected to ignore a key argument they made against the Obama-era climate rule it is replacing, reaching a “gentlemen’s agreement” among themselves not to raise the issue in forthcoming litigation over the rule.

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Duke Energy agrees to new NRD settlement over 2014 coal ash spill

Five years after the Dan River ash spill, Duke is agreeing to pay for further environmental restoration in a settlement with the federal government, Virginia and North Carolina.

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