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Supporters Eye ‘Creative Things’ To Sidestep DOJ’s Settlement Ban On SEPs

Supporters of supplemental environmental projects (SEPs) believe they may still be able to include such projects in settlements despite the Justice Department’s (DOJ) prohibition because they see crossover with mitigation projects that are still allowed, along with state SEPs, that DOJ does not prohibit, and a high court ruling that might boost their ability to use SEPs.

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Judge Approves Consent Decree Backing Environmental Mitigation Project

A federal district court judge has approved a consent decree between the Department of Justice (DOJ) and a refiner that requires the company to perform two environmental mitigation projects, showing that courts will back such projects even as DOJ’s policy on them is hazy given its prohibition on similar supplemental environmental projects (SEPs).

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3rd Circuit Probe Of EPA-Approved State NOx Air Plan Might Set Precedent

Appellate judges at recent oral argument probed the legality of EPA’s approval of a Pennsylvania rule setting nitrogen oxides (NOx) emissions limits for coal-fired power plants in the state, in a case that could set a precedent on the adequacy of state air plans in the region that has struggled with high levels of ozone-forming NOx.

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Mining Firm’s Suit Over MATS Cost Finding Creates Jeopardy For Air Rule

A coal mining firm is suing EPA over its just-published final rule scrapping the cost-benefit review underpinning the Obama administration’s landmark mercury and air toxics standards (MATS), a lawsuit that environmentalists and others predicted would be filed and that places the fate of the overall utility emissions regulation in jeopardy.

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Republican oil state senators urge EPA to issue 2020 RFS waiver

GOP senators from mostly oil-producing states are ramping up pressure on EPA to waive RFS biofuel blending obligations, but face strong opposition from corn-state biofuels advocates in Congress.

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DOJ, Energy Sector Seek To Stay Landmark Ruling Blocking Pipeline Permit

The Justice Department (DOJ) and the energy industry are asking an appellate court to stay the landmark district court ruling that vacated the federal Clean Water Act (CWA) general permit for constructing pipelines, with DOJ and industry citing numerous alleged errors in the lower court’s ruling that they say are likely to be overturned on the merits.

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California seeks dismissal of DOJ’s last claim in cap & trade suit

The Trump administration is advancing a claim that California’s decision to link its climate cap-and-trade program to Quebec’s market violates the Foreign Affairs Doctrine.

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EPA sends proposed 2021 RFS for OMB review

The agency’s pending proposal will float the annual production targets under the 2021 renewable fuel standard for alternative and renewable fuels, including ethanol.

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EPA extends comment deadline for coal ash permit rule

EPA has delayed the comment deadline for its coal ash permit program after the Navajo Nation warned that addressing the COVID-19 pandemic left it with few resources to analyze the proposed rule.

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Supreme Court declines review of suit testing RFS compliance ‘point’

The justices’ decision shifts focus to pending appellate court cases in which refiners will again attempt to secure a ruling shifting the compliance ‘obligation point’ in EPA’s renewable fuel standard.

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