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The Trump administration's climate policy is up against a House of Representatives controlled by Nancy Pelosi and the Democrats. 

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EPA Proposes Flexible Landfill Methane Plan, But Delays Compliance Dates

EPA in a new proposed rule outlines flexible compliance options for states and industry to follow in a federal plan for limiting methane emissions from municipal solid waste (MSW) landfills, but the rule may prove moot given the agency’s recent extensions of compliance dates for states to issue their own plans or face direct federal standards.

Key House Democrats are raising concerns about EPA’s draft plan to limit the role of the Environmental Appeals Board (EAB) in permit reviews as a way to speed permitting, demanding information on the issue, including whether EAB’s work reviewing enforcement matters will continue despite the planned policy changes.

EPA’s stated February timeline for issuing a proposal to put new limits on nitrogen oxides (NOx) from heavy-duty trucks appears likely to slip until fall 2020, likely ensuring California will move forward sooner with its own standards and underscoring how the issue will either be a second-term priority for the Trump EPA or an unresolved topic for the next administration.

Federal judges, in a split decision on an EPA policy memo, are outlining competing tests for how to assess whether an agency deregulatory guidance is a “final action” subject to judicial review, with the majority acknowledging that the decision is likely to spark a debate in this “somewhat gnarled field of jurisprudence.”