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Litigation

Small refiners threaten lawsuit to force RFS waiver decisions

The small refiners’ legal threat ramps up pressure on EPA as the agency reconsiders its policy on renewable fuel standard compliance waivers.

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223050

CEI Urges DOE To Drop Carbon ‘Cost’ In Measuring Efficiency Benefits

A free-market group is urging the Energy Department (DOE) to drop its use of the social cost of carbon (SCC) when developing appliance efficiency standards, though opponents of the Trump administration’s deregulatory agenda are already fighting agencies’ use of a narrowed approach to the SCC in court.

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223044

EPA backs effort to scrap litigation over CPP

The agency says that state and industry petitioners have “secured the relief they sought in this lawsuit,” challenging the Obama-era Clean Power Plan, which the Trump EPA has formally rescinded.

390 words

223049

Biomass Industry Appears Unlikely To Challenge Co-Firing Bar In ACE

The biomass industry appears unlikely to challenge EPA’s decision in its Affordable Clean Energy (ACE) power plant greenhouse gas rule to remove co-firing with biomass as a compliance mechanism, even though the agency proposed to allow it and industry strongly supported it.

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223040

Corps Seeks To Limit Court Remedy In Case Testing Trump NEPA Approach

In a case that tests the Trump administration’s approach to conducting environmental reviews, the Army Corps of Engineers and a major Virginia utility are getting key support from power regulators in their attempt to avoid being forced to remove a contested transmission line project while the Corps conducts a court-ordered review of the project.

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223029

D.C. Circuit blocks challenge to Trump labor orders

The ruling likely secures a controversial contract that EPA recently imposed on one of its largest unions that seeks to implement many of the provisions in Trump’s executive orders, though it still faces a challenge.

475 words

223028

Oregon cattlemen press CWA rule arguments ahead of hearing

The Oregon Cattlemen’s Association is emphasizing the harms its members face from the 2015 Clean Water Act jurisdiction rule ahead of a July 17 hearing on a request to quickly block the rule’s implementation.

636 words

223027

Environmentalists Launch Broad Attack On Clean Air Act Appeals Deadline

Sierra Club is launching a broad legal assault on the Clean Air Act’s 60-day deadline to file challenges to EPA’s air rules, asking for rehearing of an appeals court ruling on state air monitoring plans which, if granted and decided in the group’s favor, could open the door to many other suits challenging years-old EPA rules.

871 words

223025

EPA moves to send methylene chloride challenge to 2nd Circuit

EPA’s motion means the court will hear challenges from both industry and environmental groups to the agency’s first-time rule under the revised toxics law barring uses of an existing chemical.

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223019

States, Environmentalists Pressure EPA For Interstate Ozone Reductions

East Coast states and environmentalists are ramping up pressure on EPA to take steps to force reductions of interstate ozone emissions, threatening legal action over states’ delayed plans for reducing ozone and filing new briefs in litigation that challenges the agency’s decision against pursuing any new interstate ozone regulations.

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