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Energy

D.C. Circuit Remands 2018 RFS To EPA For Endangered Species Review

An appellate court has remanded EPA’s 2018 renewable fuel standard (RFS) to the agency and is directing it to conduct a proper evaluation of whether the rule should trigger an extensive Endangered Species Act (ESA) review, a victory for environmentalists that may set a precedent for how EPA conducts species reviews in future RFS rules.

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Biofuel, Oil Groups Battle Over 2020 RFS Ahead Of Trump’s Ethanol Boost

Biofuel producers and refiners are detailing competing legal arguments over whether EPA’s upcoming 2020 renewable fuel standard (RFS) should “reallocate” biofuels blending volumes to compensate for production lost to small refiner waivers, even before President Donald Trump readies a policy package designed to boost ethanol production.

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Democrats’ Broad Climate Alignment Masks Implementation Disputes

Top Democrats angling to take over the White House in 2020 are expressing broad agreement on major climate change policy goals, though candidates are seeking to distinguish themselves by who would be best suited to implement an aggressive strategy to cut greenhouse gas emissions.

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Environmentalists Slam EPA Basis For Cutting Oil & Gas Methane Limits

Environmental groups are pushing back hard against EPA’s claims that it can drop oil and gas methane standards because they are “redundant” due to limits on smog-forming emissions, arguing the move eliminates future standards for existing sources in the sector and would even boost emissions at some new facilities.

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Oil Industry Warns Trump’s Plans To Bolster Ethanol May Be ‘Disastrous’

The American Petroleum Institute (API) is warning President Donald Trump against proceeding with his plan for a “giant package” of measures to boost ethanol production, saying that several of the potential options the president could pursue, including hiking EPA renewable fuel standard (RFS) targets for biofuels, could be “disastrous.”

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D.C. Circuit Rejects RFS ‘Obligation’ Suit But Allows For Future Challenge

A federal appeals court has again rejected refiners’ challenges to the “point of obligation” for compliance in EPA’s renewable fuel standard (RFS) that currently rests with the industry, but in a complex ruling leaves the door open to future suits over the compliance issue that has long pitted smaller “merchant” refiners against their larger rivals.

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Strict One-Year CWA Section 401 Deadline Faces Legal, Administrative Tests

Recent federal decisions seeking to set a strict one-year deadline for states to determine whether federally permitted projects comply with water quality standards are facing legal and administrative tests as the Trump administration is proposing to set narrow boundaries for the deadline and environmentalists are attempting to preserve a more flexible approach.

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5th Circuit Dismisses CWA Drilling Permit Suit Over Lack Of Standing

The U.S. Court of Appeals for the 5th Circuit has dismissed environmentalists’ challenge to a Clean Water Act (CWA) general permit for offshore oil and gas activities in the western Gulf of Mexico for lack of standing, an outcome that seemed all but certain given the questions judges raised at oral argument in April.

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Trump Vows ‘Giant Package’ To Boost Ethanol But Refiners Fight RFS Hike

President Donald Trump is vowing to release a “giant package” of policies to boost ethanol in response to criticism from corn farmers that EPA’s slew of renewable fuel standard (RFS) waivers is hurting the industry, but refiners are defending the need for the waivers and urging the president against boosting RFS biofuels blending goals.

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EPA Plan Would Prevent Methane Limits For Existing Oil & Gas Sources

EPA’s just-issued proposal to scuttle Obama-era methane controls for new and modified oil and gas facilities argues that such standards are “redundant” because existing limits on volatile organic compounds (VOCs), an ozone precursor, also have the indirect effect of limiting methane.

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