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D.C. Circuit sets panel for ACE suit; parties spar on argument length

Two Obama appointees and one Trump appointee on the appeals court will hear Oct. 8 arguments in litigation challenging EPA’s Affordable Clean Energy power sector greenhouse gas rule.

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EPA reaches deal with Indiana utility to end NSR enforcement action

The agreement between EPA and the Indiana utility marks the end of a long-standing enforcement action involving new source review (NSR) and other air permit infractions.

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Critics Fault Major Wheeler Speech For Sidestepping Climate Change

EPA Administrator Andrew Wheeler is drawing criticism from environmentalists, a former top EPA official and others for mostly sidestepping the issue of climate change risks in his major speech on the agency’s 50th anniversary and his vision for its future, instead using climate to attack Democrats’ energy policies.

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Administration Reviewing 50 Major Projects For Environmental Waivers

The Trump administration is reviewing dozens of major infrastructure projects as candidates for winning waivers from key environmental reviews, in response to a controversial executive order from President Donald Trump urging agencies to use their emergency powers to spur economic growth due to the coronavirus pandemic.

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Corps Urges No Immediate Remedy During Appeal Of Dakota Pipeline Ruling

The U.S. Army Corps of Engineers is arguing against any immediate remedy after a federal district judge found that it violated the National Environmental Policy Act (NEPA) in approving a waterway crossing for the Dakota Access Pipeline (DAPL), a decision that the agency is appealing.

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Biomass advocacy group claims new exemption from EPA’s ACE rule

The Biogenic CO2 Coalition is echoing coal industry claims that EPA’s legal finding in its recently completed oil and gas methane rule undercuts the authority for its power plant greenhouse gas rule.

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EPA Appeals Board Rejects Gas Distributors’ Novel Air Permit Challenge

EPA’s Environmental Appeals Board (EAB) has rejected a novel appeal from a Utah gas services company against its agency-imposed air permit, in a potentially precedent-setting dispute testing the boundaries of when an earlier consent decree between EPA and the company might shield some of its equipment from Clean Air Act regulation.

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Coal mining firm seeks to sever, hold in abeyance MATS challenge

Westmoreland Mining wants a federal appeals court to sever and delay its suit over the Obama EPA’s mercury and air toxics standards (MATS) until the court rules in cases over the Trump EPA’s MATS rollback.

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EPA Biomass GHG Proposal Delayed Until After Election, ACE Arguments

EPA’s long-awaited proposal expected to declare biomass as a carbon neutral fuel under Clean Air Act permits will not be issued until after the Nov. 3 election in part to avoid undercutting the agency’s defense of its Affordable Clean Energy (ACE) rule power plant climate rule, sources say.

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Environmentalists To Appeal Adverse NEPA Climate Oil & Gas Lease Ruling

Environmentalists are planning to appeal a federal district court ruling upholding the National Environmental Policy Act (NEPA) review for three oil and gas lease sales in New Mexico that failed to address their climate change and other concerns, arguing the decision is at odds with other NEPA rulings in resource-heavy Western states.

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