Energy

Years-long efforts by House lawmakers to reach a bipartisan deal on reforming EPA’s renewable fuel standard (RFS) face fresh hurdles in coming months, with several key GOP lawmakers heavily involved in reform efforts leaving Congress and new divisions emerging within the Democratic caucus that might stymie reaching a deal.

Backers of tough vehicle greenhouse gas rules are seizing on language in a recent appellate court opinion underscoring EPA’s duty to justify policy changes in its pending rollback of Obama-era standards, even though the court more broadly rejected states and environmentalists’ challenge to Trump officials’ decision to reopen the rules.

The U.S. Court of Appeals for the District of Columbia Circuit appears primed to dismiss on procedural grounds advanced biofuels makers’ suit over EPA’s renewable fuel standard (RFS) small refiner waiver policy, but the court is also indicating that it is likely to rule on the merits of the waiver policy in upcoming litigation.

Appellate judges at Oct. 21 oral argument will hear a lawsuit filed by Sierra Club and other environmental groups over provisions in EPA’s mercury and air toxics standards (MATS) for power plants that allow utilities alternatives to meeting hard emissions limits during facility startups, which critics claim are unlawful and increase air pollution.