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Litigation

D.C. Circuit Rejects Valero’s Suit Aiming To Force Review Of RFS’ Impacts

The U.S. Court of Appeals for the District of Columbia Circuit has rejected refiner Valero’s suit alleging EPA failed to meet a statutory mandate to conduct periodic reviews of the renewable fuel standard’s (RFS) impacts on the sector, finding a 2017 agency statement that it met review mandates is not a final action subject to judicial review.

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Permit challenger says EPA avoided equity review with ‘blatant lie’

One of the residents challenging an EPA-issued permit for an oil and gas drilling operation says the agency’s justification not to consider environmental justice impacts is at odds with reality.

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Otsego seeks appeal of FERC’s NEPA ruling

The group is asking an appellate court to reconsider its dismissal of their challenge, arguing it has standing because it had to spend significant resources to determine the GHG impacts of the New Market pipeline.

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D.C. Circuit sets argument in Trump EPA vehicle ‘finding’ case

The U.S. Court of Appeals for the District of Columbia Circuit has scheduled Sept. 6 oral arguments in states’ challenge to the Trump EPA’s formal finding that it must weaken its auto greenhouse gas rules.

 

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Supreme court leaves states murky on future of ‘conflict preemption’

A new Supreme Court case shows divisions among the justices on how to approach state authority at the edges of areas where Congress has already legislated – but offers no definitive answer.

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EPA Defends Rejection Of Additional Interstate Ozone Emissions Controls

EPA is defending its decision to reject East Coast states’ call for additional federal measures to reduce interstate emissions that are hindering their ability to attain the agency’s ozone standards, arguing in a new legal brief that utilities’ ozone controls are already “optimized” and that new short-term emissions limits on them are unnecessary.

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California, Autos Mull Steps To Manage Aftermath Of GHG Rule Rollback

California’s top air regulator says she is meeting with automakers about how the state would manage potential regulatory confusion if the Trump administration finalizes its plan to scrap existing vehicle greenhouse gas and fuel economy standards, resulting in a protracted legal battle.

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Draft CEQ NEPA Climate Guide Proposes Limited GHG Reviews, No SCC

White House officials are proposing a long-awaited guidance for how agencies should consider greenhouse gases when they conduct National Environmental Policy Act (NEPA) reviews, a significantly pared back version of an Obama-era guide that limits the scope of review and does not direct agencies to monetize emissions using the social cost of carbon (SCC) or any similar tool.

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Trump opponents target energy efficiency rule in ‘2-for-1’ suit

Environmentalists and others suing over President Donald Trump’s regulatory reform order are tying their efforts to a delayed rule on appliances’ energy efficiency.

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TVA asks high court to wait on groundwater petition

The Tennessee Valley Authority wants the Supreme Court to first resolve a pending Hawaii case on Clean Water Act liability before deciding whether to accept a petition for review in a similar suit.

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