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Energy

EPA Says Air Permit Policy Shift Not National Rule Subject To Judicial Review

EPA is fighting environmentalists' claim that a landmark decision on a Utah coal-fired power plant's Clean Air Act permit represents a broader unlawful reversal of the agency's policy on issuing “Title V” permits, arguing in a new legal brief that the Utah permit decision is not a “nationally applicable” rulemaking eligible for judicial review.

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EPA Facing Legal Fight Over Plan To Retain MATS But Scrap Cost Finding

EPA is proposing to retain the Obama-era mercury and air toxics standards (MATS) for power plants but scrap the cost-benefit analysis underpinning the rule, teeing up a legal fight in which the rule's supporters will likely cite flaws in the plan while opening the door for critics to cite the lack of a cost finding to bolster their calls to undo the entire rule.

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Extending Pause, D.C. Circuit Rejects Calls To Issue Merits Ruling In CPP Suit

The U.S. Court of Appeals for the District of Columbia Circuit is rejecting calls by backers of the Obama-era Clean Power Plan (CPP) utility greenhouse gas rule to issue a decision on the merits in the long-paused litigation over the rule, and is instead continuing to hold the case in abeyance while the Trump EPA crafts its narrow replacement policy.

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CLF, ExxonMobil decline to sue EPA in climate adaptation suit

The environmental group and oil giant are telling a federal judge it would be “futile” to sue EPA to force action on a disputed wastewater permit.

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EPA granted oil giant Exxon 'small refiner' waiver for 2017 RFS

The oil giant received a small refiner waiver from 2017 renewable fuel standard (RFS) mandates, reports say, while an appellate court is readying argument in a suit over the 2018 RFS.

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Sierra Club threatens EPA with ESA suit over final 2019 RFS

Environmentalists claim EPA failed to consult with wildlife agencies on how its final 2019 renewable fuel standard would affect endangered species as required by statute.

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Subtle Industry Split Emerges Over Scope Of EPA Methane Rule Rollback

A subtle split is emerging in the oil and gas sector over the scope of EPA's efforts to roll back Obama-era methane standards for the industry, with smaller producers arguing the plan does not go far enough and should indefinitely defer rules for low-production wells while larger firms are embracing some level of regulation for existing equipment.

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Suit Contests MATS 'Startup' Provisions Amid Uncertainty Over Rule's Fate

Environmentalists have filed their opening brief in a suit contesting provisions in the Obama EPA's utility mercury and air toxics standards (MATS) addressing emissions limits during power plant “startup” periods, amid uncertainty over the fate of MATS in the agency's imminent proposed reconsideration of the 2012 regulation.

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Scientists tout MATS' health benefits ahead of EPA rule review

Harvard University researchers are touting the benefits of EPA's utility air toxics rule ahead of the agency's pending proposal that could seek to weaken the rule's public health protections.

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MATS Rule Likely Floats Range Of Options From 'Tinkering' To Rescinding

EPA's imminent proposal on reconsidering the Obama-era power plant mercury and air toxics standards (MATS) will float a host of options from rescinding the rule outright by undoing its cost-benefit analysis to “tinkering” with parts of the rule, sources say, and the agency will then use public input on the options to decide on a final outcome.

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