Energy

States and environmental groups challenging EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule as too weak are also seeking to intervene on EPA’s behalf to defend the agency’s underlying authority to regulate power sector GHGs, asking an appellate court to allow them to weigh in on that specific issue.

Small refiner Sinclair Wyoming Refining is fighting to keep its challenge to EPA’s denial of a renewable fuel standard (RFS) economic hardship waiver in regional appellate court, as the agency seeks to dismiss the case and hear challenges to RFS waivers as “national” actions in the U.S. Court of Appeals for the District of Columbia Circuit.

Environmental groups are for the first time outlining the issues they intend to raise in their litigation challenging EPA’s Affordable Clean Energy (ACE) rule addressing power plant greenhouse gas emissions and its simultaneous repeal of the much more stringent Clean Power Plan (CPP) that ACE replaces.