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Energy

BLM Critics Cite EPA Policy, SCC In Bid To Vacate Methane Rule Rollback

Critics of the Bureau of Land Management’s (BLM) repeal of an Obama-era rule to limit “wasted” methane from oil and gas operations on public lands are urging a district court to vacate it, saying the rule unlawfully relies on a flawed cost of carbon estimate and is wrongly justified based on a related EPA policy.

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Environmentalists prepare to challenge final ACE rule

EPA could finalize its Affordable Clean Energy rule to replace the Obama-era Clean Power Plan as soon as next week, and environmentalists are previewing a range of legal criticisms of the measure.

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IRS faces senators’ call for data on validity of coal tax credits

Three Democratic senators are pressing the IRS for data justifying its substantial tax break for producers of refined coal, fearing that companies are abusing the credit.

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Refiners rush to file first suit over EPA’s E15 fuel sales waiver

The American Fuel & Petrochemical Manufacturers suit, likely the first of several that critics are expected to file, comes one day before the president is slated to tout the rule in Iowa.

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EPA’s RFS Refiner Waivers Could Make 2020 Fuel Targets ‘Meaningless’

Biofuels industry officials are warning that EPA’s ongoing issuance of waivers to small refiners from having to meet renewable fuel standard (RFS) biofuel blending mandates could make the agency’s imminent proposed 2020 RFS fuel production targets “meaningless” because the exemptions undermine biofuels production levels.

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Advisors Face Challenging Schedule Reviewing Range Of EPA Policies

EPA’s Science Advisory Board (SAB) is planning to review a broad range of Trump administration deregulatory policies in a relatively quick fashion in order to provide advice on the agency’s regulatory timeline, efforts that SAB Chairman Michael Honeycutt acknowledges will be difficult but adds that the board has voted to undertake.

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EPA Limits States’ CWA 401 Powers, Timelines In Revised Guidance

Over strenuous objection of states, EPA has issued new guidance limiting states’ powers to review federally approved permits under section 401 of the Clean Water Act (CWA), setting tight timelines for completing the reviews and warning officials against blocking or restricting projects for any reason other than its direct water quality impacts.

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Missouri withdraws coal ash rules after EPA critique

Missouri faced public criticism from EPA for a draft ash permitting rule that the agency said gave industry too much room to avoid monitoring and cleanup mandates.

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EPA plans to publish E15 waiver June 10, starting clock for litigation

Opponents of EPA’s decision to allow year-round sales of 15 percent ethanol will have 60 days to sue over the waiver once the agency publishes it in the Federal Register.

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Transmission Line Vacatur Highlights Big Risks For Trump NEPA Strategy

An appellate court’s recent decision to preserve its vacatur of a permit for a major transmission line, and instead order a lower court to determine if it can remand the permit without vacating it, is highlighting risks for the Trump administration’s strategy of swiftly advancing major projects amid ongoing litigation over their environmental reviews.

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