On April 24th, the U.S. Court of Appeals for the District of Columbia Circuit issued an order indefinitely delaying oral argument and holding in abeyance litigation over EPA’s 2015 Startup, Shutdown and Malfunction (SSM) Rule.  The order comes in response to EPA’s request for a continuance to allow it to…

Following up on its recent promise to evaluate all existing regulations and reduce regulatory burden, EPA held a public teleconference on April 24th to take ideas on reforming its air-related regulations.  The call was scheduled for three hours, with each commenter limited to three minutes. The commenters essentially fell into…

As previously reported, President Trump has issued an Executive Order calling on EPA and the U.S. Army Corps of Engineers (Corps) to formally review the “Clean Water Rule” also known as the Water of the United States (WOTUS) Rulemaking. On April 19, EPA laid outs its plans for revising the Clean Water Rule consistent with the Executive Order in a meeting with state and local officials.

In a split decision, a California appellate panel recently affirmed a lower court’s decision upholding the state’s greenhouse gas cap-and-trade program.  Challengers, including the California Chamber of Commerce, the National Association of Manufacturers, and the Pacific Legal Foundation, argued that: (1) the California Air Resources Board (CARB) acted outside of its authority when it created a cap-and-trade program that included an auction of emission allowances, and (2) the revenue generated from the auction sales constitutes an impermissible tax.  California’s Proposition 13 requires taxes to be approved by a two-thirds vote of each house of the legislature.

In an April 18th letter to petitioners who requested reconsideration of EPA’s Oil and Natural Gas Sector: Emission Standards for New, Reconstructed and Modified Sources Rule, EPA Administrator Scott Pruitt announced the agency’s intent to convene a proceeding for reconsideration of the rule’s fugitive emissions monitoring requirements.  In its…

On April 18th, EPA filed motions in separate cases asking the D.C. Circuit Court of Appeals to delay pending litigation over two Clean Air Act (CAA) rules.  In one case, EPA asked the court to delay oral argument, scheduled for May 18th, in the litigation challenging its supplemental findings regarding the cost of the Mercury and Air Toxics Standards (MATS) Rule, which regulates hazardous air pollutant emissions from coal- and oil-fired power plants.  EPA argues that a continuance is appropriate because it intends to review the supplemental finding for possible modification or repeal, citing President Trump’s recent “Executive Order on Promoting Energy Independence and Economic Growth.”

On April 5, 2017, the EPA responded to a request from industry stakeholders saying it will reconsider the Obama-era Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category rule (“ELG Rule”) that set the first federal limits on how much toxic metal can be discharged with power plants’ wastewater.  80 Fed. Reg. 67838 (Nov. 3, 2015).

The EPA published a notice in the April 13th Federal Register requesting public comments on regulations that may be appropriate for repeal, replacement, or modification.  This request follows President Trump’s February 24th Executive Order that, among other things, requires federal agencies to establish a Regulatory Reform Task Force (“Task Force”) to make recommendations targeting specific federal regulations for elimination or modification.  Task Forces must seek input from entities affected by federal regulations, including businesses, consumers, non-governmental organizations and trade associations.  EPA’s Task Force is requesting comments on regulations that eliminate jobs or stifle their creation, impose costs that exceed benefits, implement Executive Orders or other Presidential directives that have been rescinded or modified, or are otherwise ineffective or outdated.  Comments will be accepted through May 15.

In an April 11, 2017 Order, the D.C. Circuit Court of Appeals granted EPA’s petition to indefinitely delay oral argument in the Ozone NAAQS litigation.  Originally scheduled for February 16, 2017, oral argument was rescheduled for April 19, 2017.  EPA petitioned the court to further delay oral argument because it…