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Energy

EPA Guidance On PALs Marks Latest Piecemeal Step To Ease NSR Permits

EPA has issued guidance encouraging industrial sources of air pollution to use “plantwide applicability limits” to ease their Clean Air Act new source review (NSR) permitting obligations, the latest step in the agency’s piecemeal approach to reforming the NSR program but which environmentalists say will help facilities avoid strict permits.

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Army Corps Proposal, GOP Senate Bill Eye Overhaul To Accelerate NWPs

The Army Corps of Engineers is proposing numerous changes to the dredge-and-fill nationwide permit (NWP) program aimed at speeding regulatory approval of various projects, while GOP senators are pushing legislation aimed at further shortening the approval process by waiving Endangered Species Act (ESA) programmatic review mandates.

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D.C. Circuit schedules October argument in suit over EPA ACE rule

It appears almost impossible that the court will issue a merits ruling in the litigation over the utility greenhouse gas rule before the Nov. 3 election, or potentially even before inauguration day in January.

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EPA Defends Rule Authorizing Year-Round Use Of E15 In Most Vehicles

EPA in a new legal brief is defending its rule allowing year-round use of 15 percent ethanol (E15) blends in most vehicles by saying refiners wrongly claim the move is unlawful and that some fuel retailers lack standing to sue over the decision, while also rejecting biofuels makers’ call to allow higher blends.

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ACE Opponents Ask Court To Reject EPA’s ‘Required’ Air Law Reading

Opponents of EPA’s Affordable Clean Energy (ACE) greenhouse gas rule for coal-fired power plants are rebuffing the agency’s arguments for why the rule is lawful and the product of a required interpretation of the Clean Air Act, doubling down on their allegations of numerous legal flaws.

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OMB completes review of CWA permit revisions

The action clears the way for the Army Corps of Engineers to seek public comment on efforts to reduce the burden for obtaining Clean Water Act general permits for activities related to domestic energy production.

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Sierra Club fights DOJ’s high court suit over EPA cooling water FOIA

The group says the Freedom of Information Act does not permit agencies to keep consequential decisions secret just because they are intermediate decisions in a longer rulemaking process.

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Senators Seek GAO Methane Study As Rollback Rule Slips Into August

Three Democratic senators and independent Sen. Angus King (ME) are seeking a “comprehensive” Government Accountability Office (GAO) review of oil and gas methane emissions, potentially aiming to build pressure for an eventual reversal of EPA’s methane air rule rollback that has slipped into August.

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In Exxon Case, 5th Circuit Raises Standing Bar For Air Law Citizen Suits

The U.S. Court of Appeals for the 5th Circuit is raising the bar for environmentalists to prove Article III standing to sue companies in Clean Air Act citizen enforcement suits, vacating and remanding a landmark $20 million judgment against ExxonMobil and finding plaintiffs must demonstrate harm from every alleged violation to win standing.

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Biofuels, Oil Industries Grapple With Delays For Major EPA RFS Decisions

Biofuels and oil sector groups are grappling with the implications of potentially long delays for major EPA decisions on the future of the renewable fuel standard (RFS), with the Trump administration increasingly likely to postpone action until after the November elections on issues including RFS waivers and 2021 production goals.

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