Daily on Energy: Biden goes head to head with green allies in court

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Daily on Energy: Biden goes head to head with green allies in court
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Daily on Energy ⚡: POTUS’s relationship with his environmental allies is getting icier as he faces off with them in multiple lawsuits challenging administration decisions advancing new oil and gas development on public lands.

BIDEN VERSUS GREEN ALLIES: President Joe Biden’s relationship with his environmental allies is getting icier as he faces off with them in multiple lawsuits challenging administration decisions advancing new oil and gas development on public lands.

The government also said plaintiffs’ claims of climate-based injuries were insufficient to establish standing, as were their claims of localized harm to environmental quality: “While Plaintiffs could, in theory, put forth allegations in the number and with the requisite detail necessary to support standing to challenge over 4,000 agency actions based on localized environmental harm, they have not yet done so,” its filing said.

The suits are too new to know exactly what argument the Biden administration will make, but Interior has stressed that ConocoPhillips maintains valid leasing rights in the NPR-A. Welcome to Daily on Energy, written by Washington Examiner Energy and Environment Writers Jeremy Beaman and Breanne Deppisch . Email [email protected] or [email protected] for tips, suggestions, calendar items, and anything else. If a friend sent this to you and you’d like to sign up, click here. If signing up doesn’t work, shoot us an email, and we’ll add you to our list.

Biden backed Sen. Joe Manchin’s Building American Energy Security Act of 2022 in December, which he rewrote and rebranded in an attempt to lure more support after his initial bill saw opposition from some seven dozen House Democrats and many Republicans. Majority Leader Chuck Schumer said last week that Congress needs to pass reform but that Republicans’ bill is dead on arrival.

The tests: The Biden administration said it hoped its rule would be durable because of its close adherence to the pre-2015 WOTUS definition, which was in place for decades before the Obama administration sought to rewrite it, and its reliance on Supreme Court precedent, especially the Rapanos decision at the heart of the impending decision in Sackett v. EPA.

The challenge in Texas is one of several lawsuits by Republican states seeking to thwart the new WOTUS rule, which EPA and the Army Corps finalized at the end of December. At least 25 states are participating in challenges to the rule. That legislation would also bar the CPSC from enforcing any safety standard or rule that would “otherwise substantially increase the average price of gas stoves in the United States,” according to the text of the bill.

Opponents of the rule don’t have the two-thirds majority in both chambers needed to override the veto.

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