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Energy

Experts Spar Over Whether ACE Litigation Will Resolve EPA GHG Authority

Clean Air Act experts are sparring over whether a looming lawsuit over EPA’s final Affordable Clean Energy (ACE) power plant climate rule will ultimately result in a court decision that determines the scope of the agency’s authority to regulate greenhouse gases from stationary sources.

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CEQ NEPA GHG Guide Seen As Effort To Back Narrow FERC Reviews

The White House’s recent draft guidance outlining how agencies should consider greenhouse gases under the National Environmental Policy Act (NEPA) is seen by some observers as backing the Federal Energy Regulatory Commission’s (FERC) efforts to limit climate analysis when approving natural gas pipelines and other energy projects.

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EPA Seeks Strict NSR Penalties For Utility Despite Bid To Reform Program

EPA is seeking strict penalties against utility Ameren Missouri in a long-running Clean Air Act new source review (NSR) permit program violation case, despite the Trump administration’s efforts to reform and relax NSR permitting requirements and its decision to drop enforcement for NSR violations from its list of compliance priorities.

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Senators urge EPA to project greater GHG cuts from ethanol

Pro-ethanol senators are calling on EPA to adopt Agriculture Department analysis showing the greenhouse gas reductions benefits of corn ethanol are larger than EPA has so far estimated.

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EPA cites Title V ruling to bolster defense of RFS waivers

EPA is citing a recent federal appeals court ruling dismissing environmentalists’ claims over Clean Air Act permits to bolster its defense of renewable fuel standard waivers for small refiners.

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D.C. Circuit Rejects Valero’s Suit Aiming To Force Review Of RFS’ Impacts

The U.S. Court of Appeals for the District of Columbia Circuit has rejected refiner Valero’s suit alleging EPA failed to meet a statutory mandate to conduct periodic reviews of the renewable fuel standard’s (RFS) impacts on the sector, finding a 2017 agency statement that it met review mandates is not a final action subject to judicial review.

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Permit challenger says EPA avoided equity review with ‘blatant lie’

One of the residents challenging an EPA-issued permit for an oil and gas drilling operation says the agency’s justification not to consider environmental justice impacts is at odds with reality.

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EPA Proposal To Back Georgia Ash Program Sets Model For Strict State Plans

EPA is formally proposing to approve Georgia’s coal ash disposal permit program, which would make the Peach State the second to win federal permission to regulate ash disposal after Oklahoma and the first to go further than EPA’s ash standards by incorporating a 2018 appellate court ruling that ordered the agency to strengthen its nationwide ash rule.

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Automakers Face Pushback On Call For National Low Fuel Volatility Limit

Automakers are facing pushback on their renewed call for EPA to introduce a single fuel volatility standard that would be lower than existing fragmented limits on fuel, with refiners fighting the idea and a series of recent agency actions including its year-round sales waiver for 15-percent ethanol (E15) casting doubt on the request.

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Supreme court leaves states murky on future of ‘conflict preemption’

A new Supreme Court case shows divisions among the justices on how to approach state authority at the edges of areas where Congress has already legislated – but offers no definitive answer.

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