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Litigation

Environmentalists sue EPA over lead dust rule

Environmentalists have criticized EPA for declining to adopt a new definition of “lead paint,” and for not tighten the hazard standards more than it did.

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Facing Risks, EPA’s Counsel Defends ‘Bold’ ACE Rule Legal Interpretation

AUSTIN, TX -- EPA General Counsel Matt Leopold is strongly defending the agency’s “bold” legal interpretation in its Affordable Clean Energy (ACE) utility climate rule that the Clean Air Act only allows “inside-the-fence” regulation, despite caution from some that the move carries significant risks for the Trump administration.

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EPA Makes Creative Arguments To Parry Critics Of ACE Climate Rule

EPA is making several creative arguments to parry conservative and environmentalist criticism of its narrow climate standards for existing power plants, including by embracing Obama-era legal interpretations that the agency has threshold power to regulate greenhouse gases even as it roundly criticizes other key legal findings by the prior administration.

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Rejecting Criticism, EPA Moves To Codify NSR ‘Project Accounting’ Guide

EPA Aug. 1 issued its proposed rule that seeks to codify controversial earlier guidance easing new source review (NSR) rules governing “project emissions accounting” while rejecting critics’ claims that it must take additional action to prevent permit applicants from evading in-depth permit review that could trigger tougher pollution controls.

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D.C. Circuit sets October arguments in three air act cases

In a series of recent orders, the D.C. Circuit is setting up a busy schedule for arguments in three clean air cases in October.

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Biofuels Sector Pessimistic On RFS Volumes As Waiver Decisions Loom

Biofuels industry groups are expressing pessimism that EPA will preserve biofuel blending mandates in its renewable fuel standards (RFS) program as it weighs waiver requests from the mandates from dozens of small refineries, amid signs EPA is again leaning toward granting refiners’ waiver requests.

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Biofuels Sector Seeks To Resume Suit Over EPA’s RFS Methods

Biofuels industry groups are seeking to resume proceedings in litigation over EPA’s methods for setting blending mandates for its renewable fuels standard (RFS) program, a further indication of the sector’s pessimism that officials will address their concerns over the mandate volumes lost as a result of the refinery waivers the agency is granting.

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EPA Backs Industry Call To Revise Coal Ash Rule’s Approach To Waste Reuse

EPA is proposing to rework how its Resource Conservation & Recovery Act (RCRA) coal ash rule handles reuse of the waste, backing industry requests to scrap the current numeric approach and imposing instead a mandate to “control releases” that environmentalists say amounts to an exemption from regulation for structural fills and other activites.

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More opposition emerges to NRECA subbing for UARG in court

Environmentalists are opposing the electric cooperative association’s effort to substitute itself for the now-disbanded Utility Air Resources Group in a suit addressing upwind air pollution.

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EPA proposes to partially approve California landfill methane plan

EPA faces a court-ordered Sept. 6 deadline to take final action on California and four other states’ compliance plans for the rule, even as it is crafting a separate proposal to significant extend several deadlines in the rule.

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