Overnight Energy & Environment — Challenge to Biden’s Keystone move dismissed

Welcome to Thursday Night Energy and EnvironmentYour source for the latest news focused on energy, the environment and beyond. Sign up here: thehill.com/newsletter-signup.

Today we’re looking to dismiss a lawsuit challenging Biden’s invalidation of Keystone XL, the first substance the Environmental Protection Agency has added to the list of hazardous air pollutants since Congress created the list 30 years ago and the New York governor supports a natural gas ban.

For The Hill, we’re Rachel Frazen and Zach Bodrick. Write to us with tips: rfrazin@thehill.com and zbudryk@thehill.com. Follow us on Twitter: Tweet embed And Tweet embed.

Let’s jump.

Judge dismisses lawsuit over Keystone

A federal judge in Texas has refused to challenge Biden’s decision to revoke a major permit for the Keystone XL pipeline — saying the case is moot because the project has already been scrapped.

Judge Jeffrey Brown cited a briefing from pipeline owner TC Energy that he confirmed was working to remove the border crossing portion of the pipeline.

“The Court takes TC Energy at its word that Keystone XL is dead. Because it is dead, any judgment by this Court as to whether the President BidenJoe Biden Hopes for Big Job Friday, Jan. 6 Democrats and Cheney – with the GOP mostly absent from balance/sustainability – bring together climate emergencies and indivisible democracy More He had the authority to revoke the permit would be advisory,” Brown, appointed by Trump, wrote.

“Thus, the court has no jurisdiction and the case must be dismissed as fruitless,” he added.

On his first day in office, President Biden revoked the border-crossing permit for the Keystone XL pipeline.

The move drew cheers from environmentalists, who have long despised the project that was to bring carbon-intensive tar sands oil from Canada to the United States.

But Biden’s move was criticized by many Republicans, who argued that it was an attack on fossil fuels.

Read more here.

The Environmental Protection Agency adds air pollutants to its list of hazards

The Environmental Protection Agency (EPA) is adding a new pollutant to its list of those it considers unsafe to breathe.

It has added a chemical called 1-bromopropane (1-BP), commonly used in dry cleaning, stain removers, adhesives and cleaners, to the list of dangerous air pollutants.

The list, announced in a Federal Register notice on Wednesday, marks the first time the agency has added a substance to the list since Congress created it in 1990.

The move is expected to require the industry to adhere to rules regulating emissions of other hazardous air pollutants, sometimes called HAPs.

Some basic information: In 2020, the Environmental Protection Agency found that 1-BP presented an “unreasonable” risk to consumers, passersby, and workers in most consumer and commercial uses of the substance.

She cited developmental issues from short-term exposure and both developmental and cancer problems from long-term exposure.

Environmental groups, which have sued the EPA to get it to add 1-BP to the list, say adding the chemical will help protect communities, while the industry has argued it is not necessary.

Read more here.


New York Governor. Kathy Hochholhochulkathy 100511gn5 leadKathy Hoechhol Hoscholl calls for a ban on natural gas in new buildings Hocholl proposes “B” to strengthen the health care workforce in New York. D called for an end to the use of natural gas in new buildings in a policy outline released Wednesday ahead of the State of the State address.

In the scheme, Hochul’s office outlined a plan to claim zero on-site greenhouse gas emissions from new construction by 2027. The plan would also require energy metering, or analysis of whether buildings are using more or less energy than those of similar sizes and occupancy levels, for larger buildings.

“To make real progress on climate change, it’s time to tackle the major sources of pollution head on, ensure greener homes for all New Yorkers, and pave the way toward a more sustainable future,” Hokol said in a statement. “This transformative investment in green infrastructure will position New York at the forefront of climate action and ensure equality in our transition to a cleaner, greener nation.”

Some basic information: Although New York City implemented a similar citywide requirement for new buildings in December, Hochul’s plan would mark the first statewide requirement if implemented. Such a plan would have to be approved in the state assembly, but Hochhol’s support boosts her chances in the Democratic-majority legislature.

and what else? The governor’s scheme also sets a goal of having 2 million electrified homes by the end of the decade, with at least 800,000 of these homes for low- and middle-income residents.

Read more about Hochul’s announcement here.

what we read

  • Fossil fuel companies are among the biggest spenders on search-like Google ads (The Guardian)
  • Six people were killed by poison gas in India after illegal chemicals were dumped (Reuters)
  • A California judge rules against the environmental review of the 16,000-acre Guenoc Valley resort (The North Bay Business Journal)


Finally, something off topic but important: Check out our colleagues’ coverage of the 1/6th Anniversary Attack here and here and watch them talk about their experiences here.

That’s it for today, thanks for reading. Check out The Hill’s Energy and Environment page For the latest news and coverage. OK see you tomorrow.


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