Category: Regulatory Developments

American Petroleum Institute Opposes Expansion of OTR

The EPA recently held a public hearing to receive comments on the Agency’s proposed denial (January 19, 2017, FR) of a petition to add nine states to the Clean Air Act’s (CAA) ozone transport region (OTR). At the hearing, Senior Policy Advisor Ted Steichen of the American Petroleum Institute (API) said that expansion of the […]

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Is WOTUS Being Outsourced?

Senator Tom Carper (DE), the Democrat’s top environmental spokesperson in the Senate, reacted with “incredulity” to a story in Politico indicating that the EPA was exploring the possibility of having the private sector participate in rewriting the Clean Water Rule (CWR). Upon publication of the story, Carper wrote to EPA Administrator Scott Pruitt questioning whether […]

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EPA Stalls Two More Obama-Era Rules

Administrator Scott Pruitt’s still young EPA has already established that it will act aggressively both to delay defending in court and to reconsider significant rules issued by the Obama EPA. The EPA recently took the following two actions.

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Power Plant

EPA to Reconsider 2015 Power Plant Effluent Limitations Rule

In response to petitions from the Utility Water Act Group (UWAG) and the Small Business Administration’s Office of Advocacy (SBA), EPA Administrator Scott Pruitt announced that the Agency will reconsider its November 3, 2015, final Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (ELGs). In conjunction with Pruitt’s decision […]

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power plant

FR Announces Reviews of GHG Rules

With announcements of three rule reviews in the April 4, 2017, Federal Register (FR), EPA Administrator Scott Pruitt has begun to formally implement President Donald Trump’s March 28, 2017, Executive Order (EO), Promoting Energy Independence and Economic Growth. In the EO, the president directed the EPA to review two Clean Air Act (CAA) rules affecting […]

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D.C. Circuit Asked to Deny EPA Motion to Freeze CPP Cases

States, state attorneys general, cities (state intervenors) in one document, and environmental groups (nongovernmental organization (NGO) intervenors) in another have asked the U.S. Court of Appeals for the D.C. Circuit to deny a motion from the EPA to hold cases challenging EPA’s Clean Power Plan (CPP) in abeyance while the Agency reviews the CPP in […]

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river / WOTUS

WOTUS Case Will Not Be Delayed by Supreme Court

Without comment or explanation, the U.S. Supreme Court denied a motion from the Department of Justice (DOJ) to hold briefings on litigation affecting the EPA/Army Corps of Engineers’ (Corps) Clean Water Rule (CWR), which defined the term waters of the United States (WOTUS), in abeyance.

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Pruitt Denies Petition on Pesticide Chlorpyrifos

EPA Administrator Scott Pruitt announced he is denying a 9-year-old petition from environmental groups that requested that the Agency ban all uses of the pesticide chlorpyrifos. Pruitt’s order reverses a November 2015 proposal by the Obama EPA to revoke all chlorpyrifos tolerances based in part on uncertainty surrounding the potential for chlorpyrifos to cause neurodevelopmental […]

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