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D.C. Circuit Delays Utility MACT Suits, Handing Latest Win To Trump EPA

The U.S. Court of Appeals for the District of Columbia Circuit on April 27 granted EPA's request to indefinitely delay May 18 oral arguments in two suits over the Obama-era utility air toxics rule, handing the latest win to the Trump administration in a string of successful requests to delay suits over air rules while EPA reconsiders them.

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House Lawmakers' Draft Yucca Bill Could Limit State's Permitting Powers

House lawmakers are weighing measures to include in draft legislation that would preempt some of Nevada's delegated authority under the Resource Conservation & Recovery Act (RCRA) and other environmental laws, in order to alleviate barriers to siting a controversial permanent nuclear waste repository at Yucca Mountain, NV.

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Utilities Divided Over EPA's Request To Delay MACT Rule Oral Arguments

Power companies are divided over EPA's push for a federal appeals court to delay May 18 oral arguments in two suits over the Obama-era utility maximum achievable control technology (MACT) rule, with coal utilities supporting the request while “clean” utilities that primarily use other fuels are urging the court to proceed with arguments.

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Biofuels Group Urges EPA To Meet Statutory Deadline, Goals For 2018 RFS

Biofuels supporters are urging EPA to meet a Nov. 30 statutory deadline for issuing final renewable fuel standard (RFS) targets for 2018, and adhere to Congress' specific goals for ethanol production -- a call that could get a boost from federal appeals court judges who doubted EPA's power to waive those goals due to “supply” limitations.

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Bolstering Ethanol, Judges Appear To Reject EPA's View Of RFS 'Supply'

Federal appellate judges appear inclined to support the ethanol industry's interpretation of key Clean Air Act terms governing the renewable fuel standard (RFS), seemingly rejecting EPA's invocation of “inadequate domestic supply” to justify a cut in required ethanol blend volumes from statutory levels and boosting the chances that EPA will in the future stick to the congressionally mandated volumes.

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4th Circuit To Weigh Power Plants' CWA Liability For Ash Groundwater Leaks

A Virginia power company has appealed a district court's ruling that opened it to Clean Water Act (CWA) liability for pollution leaks from coal ash into groundwater that leads to protected surface waters, teeing up an appellate decision that could expose a host of power plants to citizen suits or other enforcement actions over similar leaks.

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Senators Ready Ambitious Climate Bill In Contrast To Trump's Rollback

Two progressive senators are poised to introduce a broad climate change legislative package that could serve as a counterpoint to the Trump administration's rollback of EPA and other agencies' rules, though some liberal groups say the proposal is not ambitious enough and it has little chance of gaining traction in the Republican-controlled Congress.

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Energy Department issues first MATS reliability waiver

It is unclear whether the Energy Department might issue waivers for other power plants subject to EPA's utility air toxics rule, which the agency wants to review.

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5th Circuit stays power plant ELG challenge

EPA wins a delay on litigation over the Obama-era Clean Water Act permit rule for power plants, despite objections from environmentalists and drinking water groups.

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Opposing Delay, Environmentalists Say EPA Lacks Power To Reverse MACT

Environmentalists are urging a federal appeals court to reject EPA's request to delay litigation over the agency's power plant air toxics rule, charging that EPA lacks legal authority to try to reverse the Obama-era threshold finding that the rule was “appropriate and necessary” under the Clean Air Act.

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