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Energy

5th Circuit Grants EPA Bid To Split Utility ELG Suit Pending Review Of Rule

A federal appeals court has granted EPA's request to split litigation over the Obama-era utility effluent rule by severing out and staying power companies' challenge to various parts of the rule while the agency reconsiders them, but an environmentalist says the decision creates confusion about which aspects of the suit can still proceed.

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207061

Industry Looks Beyond Stay To Urge EPA Focus On Methane NSPS Revision

Even as EPA develops proposals to delay Obama-era methane limits for new oil and gas drilling operations, industry groups are looking beyond the stay to the agency's later process to reconsider the rule's requirements, reiterating prior critiques that they say justify not only a two-year delay but also substantial revision to or rescission of the rule.

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207027

EPA's Push To Delay Texas Haze Plan Spurs Environmentalists' Criticisms

EPA is asking a federal district court to delay from Sept. 9 this year until Dec. 31, 2018, a legal deadline for issuing a plan to reduce regional haze in Texas, spurring criticisms from environmentalists who say that the significant delay would worsen air quality in national parks and increase public health harms from haze-forming pollutants.

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207021

Environmentalists Say 'Rule Of Law' Bars EPA's Request To Stay ELG Suit

Environmentalists are urging a federal appeals court to deny EPA's request to indefinitely stay litigation over provisions of the Obama-era Clean Water Act (CWA) effluent rule for power plants that the agency is reconsidering, saying the “rule of law” requires EPA to implement the regulation even while taking steps to potentially revise it.

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206997

Texas, Luminant seek to shift SO2 designation suit to 5th Circuit

The petitioners say the 5th Circuit is the appropriate venue for their challenge to an EPA sulfur dioxide non-attainment designation.

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206988

East Coast states oppose lengthy CSAPR litigation delay

New York and four New England states are opposing a delay in litigation challenging the Obama EPA's update to the Cross-State Air Pollution Rule emissions trading program.

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206962

Coal Group Blasts Draft DOE Grid Study For Understating EPA Rules' Effects

A major coal industry group is raising concerns with a draft version of a much-anticipated Energy Department (DOE) electric grid study, arguing it understates the adverse impact EPA regulations have had on coal plant retirements, in hopes to influence Trump officials who are already touting a “comeback” for the fuel.

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206955

Court Blocks Coal Mine Approval Over Failure To Review Climate Effects

A federal court has blocked approval of a coal mine expansion after finding that Interior Department officials failed to adequately consider the greenhouse gas effects of the coal's transport and use in an environmental review of the project, underscoring that agencies likely will have to address fossil projects' climate effects despite the Trump administration's opposition to quantifying such measures.

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206954

10th Circuit's Small Refiner Ruling Signals Circuit Split On EPA Deference

The U.S. Court of Appeals for the 10th Circuits' recent 2-1 ruling scrapping EPA's decision to deny a small refiner a renewable fuel standard (RFS) exemption relies in part on a 1944 Supreme Court test for when courts should defer to agencies' decisions, signaling a split with other circuits that use the high court's 1984 Chevron deference test.

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206947

EPA Plans To Reconsider Heavy Truck GHG Rules For Trailers, Glider Kits

EPA says it will reconsider the trailer and glider kit portions of its heavy- and medium-duty vehicle greenhouse gas rules, though it is not yet clear if the agency intends to simultaneously stay implementation of those provisions ahead of looming compliance deadlines.

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206946

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