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Judges Question North Dakota's Right To Intervene In RCRA Deadline Suit

A three-judge appeals court panel at oral argument Nov. 7 pressed North Dakota to explain what right the state has to intervene in a settlement between EPA and environmentalists that resolves a deadline suit over the agency's delay in reviewing whether to revise Resource Conservation & Recovery Act (RCRA) oil and gas industry waste rules.

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EPA Fights North Dakota's Bid To Use 'Settle' Order For Role In RCRA Suit

EPA is fighting North Dakota's claim that it should win a role in litigation over deadlines for federal oil and gas waste rules because of agency Administrator Scott Pruitt's recent “sue and settle” directive that pledges a role for states in deadline cases, with EPA arguing that the directive is not at issue as the state lacks standing for a role.

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Trump EPA Sets Stricter Test For 'Co-Benefits' Of Air Rules Than Obama

EPA appears to be using a much stricter test than the Obama administration for when it will count the “co-benefits” of Clean Air Act rules also reducing other pollutants than those targeted in the regulations, sources say, based on the Clean Power Plan (CPP) repeal proposal that significantly downplays the policy's predicted co-benefits.

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EPA Floats Extended Methane NSPS 'Phase-In' As Alternative To Rule Stay

EPA is floating new legal “theories” and regulatory options to delay implementation of key mandates in the Obama-era rule setting first-time limits on the greenhouse gas methane from new oil and gas drilling -- a possible legal foundation for an alternative approach to its prior plan to outright stay major parts of the rule for two years.

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EPA Quietly Floats Data Notices On Oil And Gas Methane Rule Stay

EPA is quietly seeking comment on two notices of data availability (NODA) related to its proposals to delay the Obama-era new source performance standards (NSPS) methane reduction rule for new oil and gas drilling, measures that could help the Trump administration build a record to revise or repeal portions of the underlying regulation.

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EPA Fights Supreme Court Review Of NSR Preconstruction Permit Policy

EPA is fighting electric utilities' call for the Supreme Court to hear an appeal of a ruling backing the agency's long-running policy on when a facility must obtain a Clean Air Act new source review (NSR) permit prior to construction, with EPA saying it wants to avoid a high court ruling on the issue while it weighs major reforms to NSR.

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High Court Urged To Hear 'Jobs' Review Suit Despite EPA Vow On Study

A free-market group is urging the Supreme Court to hear coal firms' case seeking a ruling that forces EPA to pursue a sweeping review of the employment impacts of its Clean Air Act rules, saying Administrator Scott Pruitt's pledge to pursue the study as part of the agency's energy sector burden-reduction plan is only a non-binding vow.

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Hurricanes Revive Debate On EPA 'Force Majeure' Refinery Air Rule Waiver

Recent major hurricanes and other extreme weather events are reviving debate over an Obama EPA air toxics rule that allows refineries a waiver from the regulation due to force majeure -- unforeseen and uncontrollable events -- with environmentalists urging the agency to scrap the exemption in its ongoing reconsideration of the rule.

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EPA sends final 2018 RFS volumes rule for OMB review

EPA has sent its 2018 renewable fuel standard (RFS) regulation for White House review, which could signal the agency will meet a Nov. 30 statutory deadline for issuing the rule.

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Mining groups urge against CWA, SMCRA overlap in EPA rule

The mining sector is calling on EPA to craft a narrow Clean Water Act jurisdiction law and to exempt activities already covered by the federal mining law.

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