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EPA sends final 2020 RFS rule for OMB review

The agency is aiming to issue this month its final rule combining the 2020 renewable fuel standard (RFS) production goals with a supplemental proposal to compensate biofuels makers for RFS waivers.

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Supreme Court declines to hear CWA 401 case

The decision likely bolsters a controversial Trump EPA effort to curtail states’ powers under the Clean Water Act.

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House Democrats Weigh Federalism Framework For Broad GHG Cuts

Top House Democrats are exploring a policy framework for achieving deep greenhouse gas cuts across the economy under which the federal government sets an enforceable goal for emission reductions while giving states discretion on how to reach that goal.

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Full D.C. Circuit Agrees To Rehear FERC Pipeline ‘Tolling Order’ Decision

In an unusual move, the full U.S. Court of Appeals for the District of Columbia Circuit has agreed to rehear a three-judge panel’s decision upholding federal energy regulators’ use of controversial “tolling orders” that delay the ability of critics to sue over pipelines’ environmental impacts and other issues even as the projects move forward.

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Environmentalists urge judge to reconsider NEPA remedy ruling

The case, concerning a high-profile transmission project near historic Jamestown, VA, has been seen as highlighting the risks of the Trump administration’s approach to environmental reviews of major projects.

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Economists fault MATS rollback for ignoring power sector changes

A group of economists and other researchers is faulting EPA for not updating its mercury and air toxics standards cost-benefit analysis to account for power sector changes since the rule’s issuance.

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After Decade, EPA Drops Obama Plan To Reconsider NSR Reporting Rule

More than 10 years after the Obama EPA first announced its plan to grant New Jersey’s request to reconsider a contested George W. Bush EPA Clean Air Act new source review (NSR) reporting rule, the Trump administration is now shelving the plan -- a step that could resume litigation over the rule that has been on hold since 2008.

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Groups Say EPA Did Not Study Full Effect Of Nixing Oil & Gas Methane Rules

Environmental groups are alleging that EPA’s proposal to scuttle direct methane limits on new oil and gas sector is unlawful for a barrage of reasons, including the agency’s failure to quantify in detail the increased emissions that would be caused by the plan’s bar on regulation of existing facilities.

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EPA Grants Industry Groups’ Bid To Narrow NSR Permit ‘Adjacency’ Test

EPA has issued final guidance granting industry groups’ request to narrow the definition of “adjacency” used as a factor in determining whether to combine nearby stationary sources’ emissions for deciding whether they are subject to strict Clean Air Act “major source” permits.

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Judges Eye Restoring CSB Power To Subpoena Data On ‘Potential’ Releases

Appellate judges are suggesting they may overturn a lower court ruling that limited the Chemical Safety and Hazard Investigation Board’s (CSB) ability, as part of an accident investigation, to subpoena documents to study risks of “potential” releases of hazardous chemicals into the environment.

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