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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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EPA Seeks Dismissal Of Environmentalists’ CWA Section 401 Rule Lawsuit

EPA is urging a federal district court in Pennsylvania to dismiss environmentalists’ lawsuit over the agency’s new Clean Water Act (CWA) rule that narrowed the scope of states’ review of water quality impacts from federally permitted projects, arguing the rule can only be challenged when it is applied and that the plaintiffs lack standing.

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District Court Vacates BLM Rule For Intruding On EPA, State Air Powers

A federal district court has vacated the Bureau of Land Management’s (BLM) Obama-era “waste prevention” rule targeting emissions of the greenhouse gas methane from oil and gas facilities on public lands, finding the policy intrudes on EPA’s and states’ Clean Air Act authority and that the development of the rule was arbitrary.

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9th Circuit weighs coal industry bid to speed CWA 401 challenge

Industry’s constitutional claims in the case over a Washington state Clean Water Act decision are similar to arguments Montana and Wyoming make in a case the Supreme Court is considering hearing.

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In Marathon Session, D.C. Circuit Judges Signal Skepticism Over ACE Rule

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit held a marathon oral argument of more than nine hours to hear from EPA and its critics on the merits of the Affordable Clean Energy (ACE) power plant greenhouse gas rule, with even the most conservative judge on the panel doubting the rule’s legality.

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EPA Floats Eased Storage Tank Air Inspections; Oil Sector Seeks Rule Stay

EPA is proposing to ease emissions inspection requirements in its Clean Air Act rules for volatile organic liquid storage tanks by creating what it says will be a less-intrusive approach for petroleum companies, while the oil sector is asking a federal appeals court to stay a separate but related air toxics rule that covers certain storage tanks.

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Supreme Court poised to decide on hearing RFS waiver suit

The oil industry is urging the justices to hear their challenge to a federal appeals court ruling seen as creating a barrier to EPA’s issuance of renewable fuel standard compliance waivers for small refiners.

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