Several states and “clean” utilities that generate power from lower-emitting sources than coal are urging a federal appeals court to uphold EPA's cost assessment that justifies its maximum achievable control technology (MACT) air toxics rule for power plants, saying the rule continues to be vital to ensure good air quality nationwide.
The appellate court rejected without comment requests from states and utilities to delay litigation by 45 days due to the potential that the Trump administration could take steps that would moot the lawsuits.
EPA is signaling that it will ask an appeals court to at least extend the deadline a district judge set for a sweeping review of how its Clean Air Act rules have affected power sector employment -- the first indication that the Trump administration will continue litigating the case despite environmentalists' concerns that it would reverse course.
State environment regulators are urging the White House to lift a regulatory halt barring the Army Corps of Engineers from implementing its Clean Water Act (CWA) nationwide permits (NWPs), saying that ongoing infrastructure projects such as pipeline construction face regulatory “confusion” from the prohibition.
Environmentalists and states that support EPA's utility air toxics rule are fighting a request from the power sector and other states to delay briefing in litigation over the agency's cost review for the regulation, rejecting the claim that the transition to the Trump administration warrants the delay to allow time for potential new settlement talks.
Refiner Valero Energy is suing EPA in federal district court in Texas eyeing an alternate way to force the agency to shift the renewable fuel standard (RFS) compliance mandate, or “point of obligation,” from fuel refiners and importers to blenders, saying EPA has failed to meet a Clean Air Act mandate to ensure the duty is “appropriate.”