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Natural Gas

Experts Spar Over Whether ACE Litigation Will Resolve EPA GHG Authority

Clean Air Act experts are sparring over whether a looming lawsuit over EPA’s final Affordable Clean Energy (ACE) power plant climate rule will ultimately result in a court decision that determines the scope of the agency’s authority to regulate greenhouse gases from stationary sources.

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CEQ NEPA GHG Guide Seen As Effort To Back Narrow FERC Reviews

The White House’s recent draft guidance outlining how agencies should consider greenhouse gases under the National Environmental Policy Act (NEPA) is seen by some observers as backing the Federal Energy Regulatory Commission’s (FERC) efforts to limit climate analysis when approving natural gas pipelines and other energy projects.

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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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EPA Adopts Risky Legal Stance In ACE To Limit Air Act GHG Authority

EPA’s just-issued Affordable Clean Energy (ACE) rule, which seeks to replace the Obama-era Clean Power Plan (CPP), adopts a risky legal interpretation arguing that the agency is prohibited from issuing the types of broad greenhouse gas standards that were included in the CPP in a bid to block a future administration from re-imposing similarly expansive requirements.

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EPA Repeals Obama-Era CPP, Finalizes Narrow ACE Replacement GHG Rule

The Trump EPA has finalized its Affordable Clean Energy (ACE) rule, a narrow policy intended to address greenhouse gases from existing power plants, while also formally repealing the Obama-era Clean Power Plan (CPP) in the agency’s first high-profile climate rule rollback to be completed.

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OMB reviewing Army Corps’ new CWA 401 guidance for states

The guidance will outline the conditions under which states may take more than 60 days to review requests for water quality certifications that allow energy and other projects to proceed.

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States Warn EPA’s ACE Rule Could Make Them Vulnerable To Lawsuits

State air regulators are warning that EPA’s imminent Affordable Clean Energy (ACE) power plant greenhouse gas rule will, if finalized as proposed, leave them vulnerable to suits from regulated utilities, their competitors and environmentalists because it does not set an GHG reduction target against which their plans would be assessed.

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FERC Faces Growing Pressure To Review Gas Pipelines’ GHG Impacts

Federal energy regulators are under increasing pressure to conduct broad greenhouse gas and climate reviews when approving natural gas infrastructure, with a recent appellate court ruling rejecting many of the officials’ arguments for sidestepping such analysis even though the court upheld a pair of permit approvals on procedural grounds.

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California AG Cites State’s GHG Goals In Opposing BLM Plan For Fracking

California Attorney General Xavier Becerra (D) is citing the state’s aggressive efforts to curb greenhouse gases and climate change as key arguments in his office’s opposition to a draft federal environmental impact statement (EIS) for a plan that would allow new oil and gas leases to be issued in California for the first time since 2013.

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