The appellate court could potentially issue a ruling on EPA's appeal of a case over its mandate to review the employment impacts of its Clean Air Act rules before the legal deadline for completing the review.
Environmentalists have filed a notice of intent (NOI) threatening to sue EPA over its alleged failure to review the renewable fuel standard's (RFS) environmental impacts, adding to pressure for the agency to undertake new assessments of the program following an oil sector suit trying to force a review of RFS implementing regulations.
The Trump Department of Justice (DOJ) is backing the Obama EPA's opposition to a federal district judge's order for EPA to broadly review how its Clean Air Act rules have affected jobs in the coal sector, asking an appellate court to overturn the ruling and defying expectations that the new administration would comply with the order.
West Virginia Attorney General (AG) Patrick Morrisey (R), one of the most ardent critics of EPA's power plant greenhouse gas rules, hopes that an executive order President Donald Trump is slated to sign will seek a broad rollback of the agency's rules for both new and existing sources, suggesting some uncertainty about the scope of the order.
A federal appeals court ruling holding a coal mine liable under the Clean Water Act (CWA) for releasing pollutants that state regulators chose not to limit directly could create permitting uncertainty for many sectors by hindering permit owners' ability to ensure they are in compliance because other courts have signaled that they find the ruling persuasive.