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Energy

EPA Floats Stricter CSAPR To Cut Ozone In Response To D.C. Circuit Loss

EPA is proposing to tighten caps on emissions of ozone-forming nitrogen oxides (NOx) from power plants in 12 states participating in its Cross-State Air Pollution Rule (CSAPR) air trading program, a response to a loss in federal appeals court litigation that may be a significant win for East Coast states seeking to reduce ozone levels.

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EPA Finalizes Fuels ‘Streamlining’ Regulation, Citing Benefits To Industry

EPA has finalized its years-long effort to “streamline” its extensive suite of regulations governing fuel quality, claiming major benefits to industry from what the agency says will be a lighter regulatory burden even though it insists that the revised collection of fuels rules will not relax environmental standards.

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EPA methane rule rollback critics details early legal claims

States and environmentalists opposed to the Trump administration’s rollback of Obama-era oil and gas methane emissions limits say in new legal filings that the action violates the Clean Air Act.

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Environmentalists sue EPA over Texas haze plan approval

The National Parks Conservation Association, Sierra Club and Environmental Defense Fund say Texas’ sulfur dioxide air trading program is “dismally” inadequate to meet the goals of EPA’s haze reduction program.

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GOP senators urge EPA to propose agriculture biomass rule

A group of 14 GOP senators from mostly Midwestern states is urging EPA Administrator Andrew Wheeler to propose a rule finding biomass from agricultural crop waste to be carbon neutral for Clean Air Act permitting purposes.

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Maui files new climate nuisance suit against oil companies

The slew of new cases comes following the filing of many nuisance suits in federal appellate court where the parties are sparring over whether the cases can be heard in state court where they were first filed.

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D.C. Circuit Watchers Predict Loss For EPA In ACE Utility GHG Rule Suit

Most legal observers interviewed by InsideEPA predict EPA will lose a pending case over the legality of its Affordable Clean Energy (ACE) greenhouse gas rule for coal-fired power plants, saying the agency’s arguments for its limited Clean Air Act authority to regulate utilities’ GHGs did not appear to gain much traction with the appellate judges hearing the case.

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Election Creates Doubt Over Whether D.C. Circuit Will Issue Ruling On ACE

The looming Nov. 3 presidential election is creating doubt over whether the U.S. Court of Appeals for the District of Columbia Circuit will ever publish a ruling on the legality of EPA’s Clean Power Plan (CPP) repeal as well as its replacement Affordable Clean Energy (ACE) coal-plant greenhouse gas rule, because a potential Biden administration could seek to halt the case, as the Trump administration did four years ago in litigation over the legality of the CPP.

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High court defers decision on whether to hear RFS waivers suit

The justices are seeking additional material from refiners who want the Supreme Court to hear their appeal of a lawsuit limiting EPA’s ability to grant renewable fuel standard compliance waivers.

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D.C. Circuit Judges Press EPA On Exclusion Of Biomass From ACE Rule

Appeals court judges at recent oral argument on the Trump EPA’s Affordable Clean Energy (ACE) coal-fired power plant greenhouse gas rule aggressively pressed the Trump administration on why it excluded use of biomass as a compliance option under the rule, probing the extent of a larger question of whether states will truly be able to make their own decisions on how to satisfy the regulation’s mandates.

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