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Energy

D.C. Circuit rejects request to vacate Jordan Cove LNG approval

“The merits of the parties’ positions are not so clear as to warrant summary action,” says the U.S. Court of Appeals for the District of Columbia Circuit.

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D.C. Circuit Poised To Hear Arguments In Suit Over EPA ACE Climate Rule

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit will hear oral arguments Oct. 8 in litigation over EPA’s Affordable Clean Energy (ACE) rule to reduce greenhouse gases from coal-fired power plants, with critics claiming ACE is unlawful because it does not significantly cut GHGs and could boost other pollutants.

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Newsom Order Seeks More Carbon Storage In ‘Natural And Working Lands’

Expanding on his efforts to counter climate change, California Gov. Gavin Newsom (D) issued an executive order (EO) Oct. 7 that aims to bolster carbon sequestration in the state’s “natural and working lands” by stepping up “healthy soils management,” wetlands restoration, forest management and building more parks with trees in urban areas.

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States Fault EPA’s Legal Push For Deference Over Methane Rollback

California and 19 other mostly Democratic-led states are urging a federal appeals court to ignore EPA’s call to grant the agency deference and uphold its policy easing methane air rules for oil and gas drilling, countering that the action is unlawful and reiterating calls for judges to grant an emergency stay of the regulatory decision.

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Supreme Court Seeks Solicitor General’s Views On CWA Section 401 Case

The Supreme Court is asking the federal government to weigh in on whether the justices should take up a request from Montana and Wyoming to hear their legal challenge to Washington state’s denial of a key Clean Water Act (CWA) approval for a coal export terminal, indicating the high court’s interest in the case.

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FERC opts against high court appeal of adverse ‘tolling order’ ruling

The decision leaves in place a ruling prohibiting the commission’s use of “tolling orders” to routinely delay answering administrative petitions for reconsiderations of natural gas infrastructure approvals.

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California Cites Indoor Air Harms To Aid Building Gas-Appliance Phaseout

California air and energy regulators are boosting their drive to phase out natural gas appliances in buildings and move almost exclusively to using electric appliances by citing data showing gas stoves worsen indoor air quality and threaten public health, while gas utilities continue to fight the state’s strategy to “decarbonize” the building sector.

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Oil Sector Hopes High Court Climate Suit Will Stymie Nuisance Challenges

Oil industry representatives are welcoming the Supreme Court’s decision to hear a technical aspect of Baltimore’s climate change nuisance suit against the sector, hoping the justices will back the industry’s push to keep such cases in federal court rather than state court as plaintiffs prefer -- but the case might not result in a ruling that decides the venue.

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EPA seeks OMB approval for notice on coal ash reuse rulemaking

EPA “plans to seek additional information” on how to rework regulation of coal ash reuse after a 2019 proposal was rejected by industry and environmental groups alike.

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Oil & Gas Pipelines Face ‘Rocky Road’ Due To Sharpened Legal Challenges

Federal approvals for new oil and gas pipelines face what one environmentalist attorney calls a “rocky road” due to opponents’ increasingly sharpened legal challenges and more sophisticated arguments against the projects than earlier suits, with industry lawyers agreeing that pipeline critics are enjoying significant success in such cases.

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