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The Supreme Court has agreed to review the Air Force’s challenge to a split appellate ruling that subjects permits for open burning/open detonation (OB/OD) of munitions under the Resource Conservation and Recovery Act (RCRA) to National Environmental Policy Act (NEPA) review, opening the door to another NEPA rollback from the justices.

Concluding a years-long review and remand process, EPA has issued a final rule governing nitrogen oxides (NOx) and other emissions from new and existing incinerators, a measure that scales back steep emissions cuts that the Biden administration had proposed but still substantially tightens current limits that were set in 2006.

EPA is warning of “chaos” and “apocalyptic” consequences should a federal appellate panel back refiners’ challenge to the agency’s denial of renewable fuel standard (RFS) waivers, arguing that a decision against the agency could upend the RFS program, or even clear a path for parties to challenge other Clean Air Act programs over decades-old rules.

From Climate Extra

Numerous legal experts argue it would be unwise for environmentalists and others challenging EPA’s repeal of its greenhouse gas risk finding to seek a court stay of the measure, noting such a strategy could speed Supreme Court consideration of the litigation under potentially unfavorable legal conditions for their case.

Top Senate Democrats are resuming negotiations to try to reach a bipartisan deal on streamlining environmental and other permitting processes, arguing they have seen a “positive direction” from the Trump administration on how it treats federal reviews of renewable energy projects.

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