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Energy

FERC, Jordan Cove Assert Domestic Benefits From LNG Export Project

The Federal Energy Regulatory Commission (FERC) and the developer of a proposed liquified natural gas (LNG) export terminal are urging a federal appeals court to reject opponents’ claims that FERC’s approval of the project should be vacated over a failure to show a domestic benefit from exported gas.

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Democratic-led states, environmentalists challenge LNG rail rule

Democratic states and environmentalists that typically oppose steps to allow the use of natural gas out of climate change concerns are suing over a federal safety rule allowing what they call “bomb trains.”

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Biofuels Groups Say EPA Lacks Authority For RFS Small Refiner Waivers

Biofuels groups are outlining their legal attacks on EPA’s decision to grant dozens of renewable fuel standard (RFS) compliance waivers to small refiners in 2019, claiming the agency’s approach exceeded its authority under the Clean Air Act and also violated the Administrative Procedure Act (APA) for granting the waivers without a “rational basis.”

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Groups Spar Over Vehicle GHG Testing Fix Amid Litigation Threats

Industry, states and environmentalists are sparring over EPA’s proposal to adjust vehicle greenhouse gas compliance calculations to account for its updated test fuel, with the industry threatening litigation if the agency proceeds with its primary plan while states and others arguing a failure to do so would undermine emissions rules.

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Groups Spar Over Vehicle GHG Testing Fix Amid Legal Threats

Industry, states and environmentalists are sparring over EPA’s proposal to adjust vehicle greenhouse gas compliance calculations to account for its updated test fuel, with the industry questioning the legality of the agency proceeding with its primary plan while states and others arguing a failure to do so would undermine emissions rules.

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EPA Cites Methane NSPS Rollback In Bid To Moot Existing Source Case

Trump officials are urging a federal court to spurn states’ and environmentalists’ legal bid for methane controls on existing oil and gas facilities, arguing EPA’s newly final rule rescinding direct methane controls for new sources removes the legal basis for existing source standards under the Clean Air Act.

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5th Circuit Widens Circuit Split On Scope Of EPA Title V Air Permit Reviews

The U.S. Court of Appeals for the 5th Circuit has rejected environmentalists’ bid to rehear a ruling upholding EPA’s narrow view of Title V air permit reviews, a move that appears to widen a split with the 10th Circuit, which recently backed a broader approach to permit reviews including greater agency oversight of state air regulators’ decisions.

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Election, Litigation Create Uncertainty For Fate Of EPA Methane Rollbacks

EPA’s final rollbacks of Obama-era oil and gas methane rules face numerous political and legal threats that create uncertainty over the fate of the deregulatory efforts, including vows of lawsuits and threats from lawmakers or a potential future Biden administration to reverse the rollbacks, according to legal experts and other observers.

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D.C. Circuit Upholds EPA Rejection Of POET Cellulosic Ethanol RFS Credit

The U.S. Court of Appeals for the District of Columbia Circuit has upheld EPA’s decision to reject biofuels producer POET’s request for credit under the renewable fuel standard (RFS) for its method of producing cellulosic ethanol, rejecting the company’s challenge largely by deferring to the agency’s technical judgment.

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Final Oil & Gas Methane Rollback Seeks To Raise Bar For Future Rules

EPA’s just-issued final rollback of oil and gas methane limits removes a key legal predicate for existing source emissions controls, while also seeking to create an administrative precedent that would raise the bar for issuing future more-stringent greenhouse gas regulations in multiple industrial sectors.

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