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FERC Sets Pipeline Precedent On States' Deadlines For CWA Reviews

The Federal Energy Regulatory Commission (FERC) has issued a first-of-its-kind decision holding that state officials waited too long in denying a Clean Water Act (CWA) approval for a proposed natural gas pipeline, setting a precedent for similar battles brewing across the country, though the issue is likely headed to federal court.

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Judges Weigh EPA's Discretion In Challenge To CWA Cooling Water Rule

Judges weighing the legality of EPA's 2014 Clean Water Act (CWA) permit rule for cooling water intake structures appeared to doubt the power sector's claims that the rule was too strict while sympathizing with environmentalists' attacks on the regulation, yet suggested they might ultimately defer to the agency on how it wrote the rule.

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EPA Grants Ash Rule Reconsideration, Seeks Delay For Suits Over Policy

EPA is formally granting utilities' request to reconsider parts of the Obama-era Resource Conservation & Recovery Act (RCRA) coal ash rule and will soon ask a federal appeals court to delay oral argument schedule for next month in consolidated lawsuits filed by environmentalists and the power sector over the same regulatory provisions.

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CCS Backers Cite Finances As Main Hurdle, Despite GOP Fears About NSR

Several supporters of carbon capture and storage (CCS) technologies told Congress that the predominant hurdle to greater deployment of the greenhouse gas controls is high up-front installation costs, though Republican senators are seeking to play up EPA's new source review (NSR) air permitting regulations as another key problem.

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Congress' Intent Bars CWA Permits For Groundwater, VEPCO Appeal Says

A power company is urging a federal appeals court to overturn a district court ruling extending Clean Water Act (CWA) permit mandates to some groundwater releases, warning the decision violates Congress' intent in crafting the water law and could unduly expand the law's reach -- at odds with a Supreme Court opinion on the issue.

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EPA Finalizes ELG Delay Rule, Teeing Up New Legal Fight Over Stay Power

EPA has finalized its rule delaying some compliance deadlines in the 2015 Clean Water Act (CWA) effluent rule for power plants until 2020 to allow time for it to rework limits on two forms of waste, teeing up a fresh legal fight over the agency's power to delay Obama-era rules and potentially mooting a suit over an “interim” delay of the CWA rule.

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D.C. Circuit sets argument in suit testing CSAPR as haze control

The case set for argument Sept. 17 tests whether utilities' participation in an EPA emissions trading program satisfies certain haze program requirements.

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OTC Shifts Focus Of Ozone Cuts To Trucks, Natural Gas & Cement Plants

The Ozone Transport Commission (OTC) of 12 Northeast and Mid-Atlantic states is shifting its focus on plans for ozone reductions from its traditional targeting of power plant emissions to other ozone sources including natural gas infrastructure, cement manufacturing plants and truck idling in order to meet EPA's stricter ozone limit.

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States Seek 'Reciprocity' To Streamline Approvals Of Oil & Gas Controls

JACKSON HOLE, WY -- State environmental regulators are seeking to create a process for streamlining approvals of new oil and gas emissions control technologies for use in complying with EPA and state rules, hoping broad regulatory acceptance will spur innovation and adoption of new technologies for measuring or limiting emissions in natural gas fields.

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EPA Reiterates Defense Of Policy Finding NSR Violations To Be 'Ongoing'

EPA in a new legal brief is reiterating the agency's long-running policy that says violations of Clean Air Act new source review (NSR) permit mandates are “ongoing” and not subject to the general five-year statute of limitations for enforcement actions, even as the Trump administration weighs a massive overhaul of the NSR program.

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