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Litigation

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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Experts See ‘Uphill Climb’ For EPA Bid To Limit Air Law GHG Authority

Clean Air Act experts say EPA faces a tough legal lift to convince a key appellate court that its just-issued Affordable Clean Energy (ACE) rule to address power sector greenhouse gases is lawful, in part because the agency opted for a relatively risky claim that its standard-setting approach is the only permissible interpretation of the law.

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EPA Argues Its Repeal Of Obama CPP Rule ‘Severable’ From ACE Policy

EPA says its formal repeal of the Obama-era Clean Power Plan (CPP) is severable from its newly finalized Affordable Clean Energy (ACE) rule in an effort to persuade courts to allow the repeal to go forward even if they find the narrow replacement unlawful -- though sources say it is far from clear that judges will accept this position.

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Justices Eye Stricter ‘Non-Delegation’ Test But Ruling Avoids New Standard

The Supreme Court’s conservative wing is signaling a desire to radically strengthen its doctrine that bars Congress from giving agencies too much rulemaking discretion which in turn could impose major new limits on EPA’s authority, though the justices in a new ruling held off on setting a new standard because of the unique nature of the decision.

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Hunton Breaks Silence To Defend UARG, Wehrum Amid House Inquiry

Hunton Andrews Kurth, the law firm that created -- and is now disbanding -- the Utility Air Regulatory Group (UARG), the longtime power sector advocacy group, is beginning to speak out in defense of its work after largely remaining silent amid scathing news reports and a House inquiry into the group’s close ties with EPA air chief Bill Wehrum, who represented UARG when he served at the firm.

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EPA staff union faults agency review of state’s mine permit

An EPA staff union is faulting the Trump administration’s oversight of a Minnesota mine permit, after the agency’s Inspector General announced it is launching an investigation into the permit review.

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