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Energy

2nd Circuit Judges Create Possibility Of Court Split On CWA 401 Reviews

Appellate judges’ tough questioning of a federal government attorney in a pending Clean Water Act (CWA) section 401 case raises the possibility of a ruling that creates a split among federal appeals courts on whether the CWA contains a bright-line limit on how long states can review applications for water quality certifications.

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Wheeler confirms delay in decisions on RFS waivers for refiners

The agency will not decide the fate of many small refiner’s requests for renewable fuel standard waivers until litigation has “completely run its course,” says Administrator Andrew Wheeler.

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Environmentalists drop suit over public hearings on EPA coal ash rule

Environmental groups withdrew their suit seeking additional public hearings for EPA’s now-final “Part A” coal ash rule but will raise similar claims as part of a broader case they plan to file.

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Ex-CEQ Official Boling Cites ‘Active Debate’ On NEPA Rule Under Biden

Ted Boling -- who recently departed the White House Council on Environmental Quality (CEQ) where he helped develop a dramatic rewrite of National Environmental Policy Act (NEPA) implementing rules -- is expecting an “active debate” about what a potential Biden administration would do with the controversial rulemaking.

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Environmental groups sue EPA over power plant ELG

“We have won court rulings to clean up toxic coal plants before, and we won't let the progress be undone,” said Thomas Cmar, deputy managing attorney for the Coal Program at Earthjustice.

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Biofuels Groups Prepare To Battle Democratic Push For Electric Vehicles

Biofuels groups are lobbying Iowa lawmakers to oppose Democrats’ draft legislation to phase out liquid fuels in favor of electric vehicles (EVs) and hydrogen fuel-cell vehicles, preparing for a major fight over the bill and other fuels and climate policies if Democratic presidential nominee Joe Biden wins the Nov. 3 election.

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Critics Declare Victory As Court Remands BLM Oil Leases For Climate Study

Environmental groups challenging the Bureau of Land Management’s (BLM) environmental reviews for thousands of oil and gas leases on 1.9 million acres of public lands across the West are declaring at least a partial victory after a federal district court granted the bureau’s request to remand the reviews for further climate change analysis.

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EPA urges court to proceed with suit over state coal ash rule reviews

In a new filing, EPA said environmentalists’ challenge to its approvals of state coal ash disposal permit rules should go forward even after a lower court partly remanded one of those rules to the agency.

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Nuclear Energy Industry Raises Broad Concerns Over NRC Waste Plan

The nuclear energy industry is raising broad legal, policy and procedural concerns over the Nuclear Regulatory Commission’s (NRC) proposal to relax disposal requirements for some radioactive waste, adding to obstacles the NRC could face in attempting to finalize a rule that environmentalists and states already oppose and that EPA says needs revisions.

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Lawmakers Attack Utility’s Efforts To Curb California’s Natural Gas Phaseout

Sen. Dianne Feinstein (D-CA) and Rep. Nanette Barragán (D-CA) are attacking and questioning efforts by Southern California Gas Co. (SoCalGas) to impede the Golden State’s plan to phase out most uses of natural gas, including in homes and commercial buildings, charging the company’s tactics are unethical and possibly illegal.

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