Energy

Democratic attorneys general (AGs) from 14 states are urging EPA to withdraw a controversial guidance on how states can place water quality conditions on federally approved permits, arguing the guidance is contrary to the Clean Water Act (CWA) and case law and vowing to adhere instead to existing, binding requirements.

EPA is facing sharp differences among key groups about whether scientific data support the reuse of produced water outside of oil and gas drilling by easing regulatory restrictions and taking other steps, as the energy industry claims, or whether the agency should proceed with caution on any changes, as water utility groups and environmentalists insist.

Cellulosic biofuel manufacturer POET Biorefining is suing EPA over the agency’s disapproval of a proprietary fuel testing method that EPA says cannot guarantee compliance with renewable fuel standard (RFS) requirements for the qualities of cellulosic fuel, a decision that could further hinder growth in the cellulosic fuel sector.

Industry and state supporters of EPA’s Affordable Clean Energy (ACE) power plant greenhouse gas rule are expected to ignore a key argument they made against the Obama-era climate rule it is replacing, reaching a “gentlemen’s agreement” among themselves not to raise the issue in forthcoming litigation over the rule.