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Energy

EPA Weighs Dozens Of ‘Gap Year’ RFS Waivers But Plans Ethanol Boost

EPA is weighing 52 requests from small refiners for unprecedented “gap year” waivers of renewable fuel standard (RFS) blending mandates for prior compliance years that biofuel makers warn are unlawful, but the agency is also planning a supplemental proposal to hike years-old ethanol production mandates alongside the waivers.

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Republican States Back DOJ’s Call For High Court Stay Of NWP 12 Vacatur

A group of Republican-led states is supporting the Justice Department’s (DOJ) request for the Supreme Court to stay a landmark ruling that vacated the federal permit for constructing new oil and gas pipelines, arguing the permit threatens the nation’s power supply because vital energy infrastructure projects will cost more and take more time to build.

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Environmentalists will appeal ruling upholding EPA ash rule reviews

Environmental groups will ask a federal appeals court to tighten both EPA’s overall process for reviewing state coal ash permit programs, and Oklahoma’s rules in particular.

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D.C. Circuit reschedules argument in 2019 RFS suit

Oral argument over the 2019 renewable fuel standard (RFS) program will be heard in September, likely before oral argument over the 2020 RFS in similar consolidated litigation.

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EPA Offers First Detailed Legal Defense Of CPP Repeal, ACE Replacement

EPA for the first time is detailing to a court its legal arguments for repealing the Obama-era Clean Power Plan (CPP) utility greenhouse gas rule and replacing it with the much narrower Affordable Clean Energy (ACE), charging that the CPP was unlawfully broad while ACE is the only way to “lawfully regulate” power plant climate emissions.

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DOJ Seeks Supreme Court Stay Of CWA Pipeline General Permit Vacatur

The Justice Department (DOJ) is asking the Supreme Court to stay a landmark district court ruling that vacated the federal Clean Water Act (CWA) general permit for constructing new oil and gas pipelines, arguing in part that the lower court erred in issuing a nationwide injunction and noting several justices’ recent concerns about universal injunctions.

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Gas Infrastructure Faces Legal Battles Despite High Court Pipeline Ruling

In a win for the natural gas industry, the Supreme Court is rejecting a key challenge to the Atlantic Coast Pipeline (ACP), though the pipeline and other large gas infrastructure projects are still facing growing legal and permitting hurdles before they can be built and put into operation.

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EPA, biogas producers fight over fate of RFS credit suit

A federal appeals court will soon have to decide whether to hear challenges to EPA’s policy on renewable fuels standard (RFS) credits separate from consolidated litigation over the 2019 and 2020 RFS rules.

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FERC Seeks To Save ‘Tolling Order’ Authority With Landowner Final Rule

The Federal Energy Regulatory Commission (FERC) is seeking to save its “tolling order” power to indefinitely delay a 30-day statutory deadline to review administrative petitions for rehearing of its natural gas approvals, issuing a direct final rule banning developers from starting construction until FERC acts on rehearing requests.

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Environmentalists threaten EPA with suit to force flare emissions review

A coalition of environmental groups plans to file suit against EPA in 60 days in a bid to force an update to EPA’s general requirements that would tighten flare standards across 16 industries.

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