MATS
On Feb. 17, EPA issued a final rule reaffirming that it is “appropriate and necessary” to regulate hazardous air pollutants (HAPs) from power plants. This rule rescinds a Trump-era finding that this regulation was not appropriate and necessary, looking at the full range of costs and benefits. EPA is now evaluating whether to strengthen the 2012 power plant Mercury and Air Toxics Standards (MATS). For more information read our analysis on EPA’s Authority to Regulate HAPs from Power Plants: the Appropriate and Necessary Finding, and visit our MATS Regulatory Tracker page.

ALASKA
Federal agencies released three significant updates about Alaska. (1) On Jan. 27, the US Department of Agriculture (USDA) restored prohibitions on timber harvesting and road construction in the Tongass National Forest. (2) On Jan. 30, EPA issued a final determination under section 404(c) of the Clean Water Act to effectively block the proposed Pebble Mine, based on the project’s “unacceptable adverse effects on certain salmon fishery areas in the Bristol Bay watershed.” (3) On Jan. 31, the Department of the Interior released the final supplemental environmental impact statement for the Willow Project, a large oil and gas development project in Alaska’s National Petroleum Reserve. Interior’s preferred alternative would allow three of the five proposed drill sites, with the option to consider a fourth drill site at a later date. The final record of decision is expected after March 8, 2023.

DAPL
The Army Corps of Engineers announced that they plan to release the long-awaited draft environmental impact statement for a key section of the Dakota Access Pipeline this spring. In our first CleanLaw Quick Take podcast episode, Carrie Jenks and Hannah Perls give a 10-minute explainer on how the draft EIS will affect the future of the pipeline, and what other federal actions might impact the Army Corps’ analysis.

IRA
EPA is designing the implementation of three environmental justice programs under the Inflation Reduction Act, with more than $30 billion in funding. (1) On Feb. 14, EPA released initial guidance for the Greenhouse Gas Reduction Fund, a $27 billion fund to finance GHG reduction activities and deploy zero-emissions technology, with at least $15 billion designated to benefit “disadvantaged” communities. (2) On Feb. 9, EPA issued a request for information seeking input on the $3 billion Environmental and Climate Justice program, which will provide grants and technical assistance to overburdened communities. Comments are due on March 17, 2023. (3) Finally, on Feb. 23, EPA announced $550 million for the Environmental Justice Thriving Communities Grantmaking program, under which EPA will choose up to 11 entities to issue grants for community-based pollution reduction projects. Applications are due by May 31, 2023. For more EJ-related funding opportunities at EPA, visit our EPA Federal EJ Tracker page.

Rules we've recently updated in our Regulatory Tracker