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LNG NEPA Waiver Plan Wins Industry Support, Environmentalist Criticism

The Department of Energy’s (DOE) plan to categorically exempt its reviews of liquified natural gas (LNG) export projects from the National Environmental Policy Act (NEPA) is being broadly welcomed by industry groups and strongly rejected by environmentalists, according to recently filed written comments.

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Biofuels, farm groups demand EPA information on retroactive RFS waivers

Biofuels supporters are pressuring EPA to disclose more about its plans to issue retroactive refiner waivers under the renewable fuel standard for prior compliance years.

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Washington Urges Supreme Court To Reject Suit Over CWA 401 Decision

Washington state is urging the Supreme Court to reject a complaint regarding a long-running dispute over the state’s denial of a Clean Water Act (CWA) water quality certification for a planned coal export terminal, arguing the “issues raised are meritless and already being litigated in other courts, and Plaintiffs lack standing in any event.”

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Bipartisan group of House lawmakers urges Trump to reject RFS waivers

A coalition of more than 40 Democratic and Republican House lawmakers from farm belt states is pushing back against oil industry requests for renewable fuel standard waivers due to the COVID-19 crisis.

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Litigation Fears Dampen Industry Response To Trump Infrastructure Order

Industry representatives say they are wary of President Donald Trump’s new executive order (EO) directing federal agencies to waive certain environmental reviews to speed infrastructure permits, as any project approved under the emergency exemption is virtually guaranteed to face litigation from environmental groups.

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Trump Suspends Environmental Rules For Infrastructure, Citing Pandemic

Stepping up his deregulatory push amid the COVID-19 pandemic, President Donald Trump has directed EPA and other agencies to exempt infrastructure projects from legally required reviews under the National Environmental Policy Act (NEPA), the Clean Water Act (CWA) and other laws so they can be fast-tracked and help spur the economy.

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Environmentalists, States Say EPA’s NSR ‘Construction’ Guide Unlawful

Environmental groups and several states are warning EPA that its draft Clean Air Act guidance making it easier for companies to avoid new source review (NSR) permitting requirements is unlawful, outlining a host of legal attacks on the guide that could inform a potential lawsuit if the agency finalizes the guidance as proposed.

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Industry Groups Back Rapid Implementation Of NSR ‘Construction’ Policy

Major industry groups are pressing EPA to quickly finalize and implement its proposed guidance narrowing the definition of what constitutes beginning “actual construction” of projects under Clean Air Act new source review (NSR), arguing that the revision will speed up the permitting process and is lawful.

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VW Ruling May Help Cities Keep Climate Nuisance Suits In State Court

The high-profile appeals court ruling holding that the Clean Air Act does not preempt county governments from pursuing state court actions against Volkswagen over its use of defeat devices may boost municipalities fighting preemption arguments from major oil companies in their efforts to keep their climate nuisance suits in state court.

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National Wildlife Federation backs call for EPA 2020 RFS general waiver

Environmentalists are adding pressure on EPA to scale back its renewable fuel standard, calling for the agency to issue a general waiver of the program because of its alleged environmental damage.

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