- Ongoing litigation challenging the Repeal of the Clean Power Plan and the ACE Rule in the D.C. Circuit, including challenges filed by states, cities, public health organizations, environmental organizations, and industry groups which have all been consolidated.
- EPA is also likely to finalize changes to New Source Review previewed in the proposed ACE Rule, but not included in the final ACE Rule itself.
- Ongoing litigation challenging President Trump’s order to shrink Grand Staircase-Escalante and Bears Ears National Monuments.
- The release of the final rule potentially rescinding the determination that it is appropriate and necessary to regulate mercury and other hazardous air pollutant emissions from power plants. The rule will likely also revise the agency’s methodology for analyzing the costs and benefits of regulation, including minimizing the role of co-benefits.
- The release of revised guidelines for agencies implementing the National Environmental Policy Act on how to consider greenhouse gas emissions when reviewing the environmental impacts of proposed projects.
- EPA’s actions as it works to finalize its review of the air quality standards for ozone and particulate matter. EPA expects to finish both reviews in winter 2020.
- While EPA is poised to conclude that both standards adequately protect human health and the environment, current science brings that conclusion into question, especially concerning the health impacts of particulate matter, or soot.
- EPA’s release of the final rule involving regulation of facilities that emit hazardous air pollutants, as well as litigation challenging the rule.
- The forthcoming final rule would allow EPA to issue Water Quality Certifications over state objections concerning a project’s impact on climate change or air quality.
- The release of a final rule revising the 2015 GHG New Source Performance Standards for Power Plants to change the best system of emission reduction for newly constructed coal-fired units. The agency previously determined that partial carbon capture and storage was required for new plants, but has proposed revising that to require the most efficient demonstrated steam cycle instead.
- The finalization of the environmental impact statement for the Pebble Mine Project.
- The Army Corps of Engineers’ draft environmental review drew significant criticism from other agencies, Congress, and stakeholders. Finalizing an environmental impact statement that fully considers the consequences of the Pebble mine is essential to guaranteeing the Army Corps properly protects the environment as and if (depending on litigation) the project moves forward.
- EPA’s determination on whether the Pebble Mine project will have “substantial and unacceptable impacts.”
- The Army Corps has granted EPA an extension until Feb. 28, 2020 to make its decision. If EPA makes this determination, it will elevate the permit decision for higher-level review.
- Ongoing litigation challenging EPA’s withdrawal of the 2014 proposed determination, which would have blocked the Pebble Mine.
- Ongoing litigation challenging EPA’s final rule modifying the compliance timelines and other requirements from the 2016 emissions guidelines for existing landfills.
- Ongoing litigation challenging revisions to the 2016 Well Control and Blowout Preventer Rule, which was adopted after the 2010 Deepwater Horizon disaster.
- This proposed rule would revise specific provisions of the Arctic Exploratory Drilling Rule from 2016, which established a regulatory framework for exploratory drilling in the Beaufort Sea and Chukchi Sea Planning Areas on the Outer Continental Shelf of Alaska.
- A Notice of Proposed Rulemaking for this rule will likely be issued in early 2020.
- The Department of Interior, Bureau of Ocean Energy Management (BOEM) planned to release a new 5 year leasing plan for offshore oil and gas activity. An early draft of the plan would have opened up much of Alaska’s waters and the Atlantic to drilling.
- We will follow ongoing litigation that has put the 5-year plan on hold. A federal district judge determined President Trump could not issue an Executive Order rescinding President Obama’s withdrawal of portions of the Outer Continental Shelf in Alaska’s Beaufort and Chukchi seas and canyon areas in the Atlantic from leasing. The administration has appealed that decision.
*Team - Environmental & Energy Law Program - Harvard Law ...eelp.law.harvard.edu › about-the-eelp › team Ari Peskoe is Director of the Electricity Law Initiative at the Environmental & Energy Law Program. He has ... Hana V. Vizcarra is a staff attorney at Harvard Law School's Environmental & Energy Law ... Caitlin McCoy is a staff attorney with the Environmental & Energy Law Program. ... Laura Bloomer is the EELP Legal Fellow.
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