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INADMISSIBLE: EPA's McCarthy Protected From Deposition

By The National Law Journal.

U.S. Environmental Protection Agency Administrator Gina McCarthy won't be forced to testify in a Clean Air Act lawsuit, a federal appeals court ruled last week. Murray Energy Corp., represented by Squire Patton Boggs and Dinsmore & Shohl, wanted McCarthy to answer questions in a case against the EPA over its enforcement of the Clean Air Act. The agency, according to the energy company, failed to evaluate the effect that enforcement of the law had on the coal industry and jobs as required. After U.S. District Judge John Bailey in West Virginia in November rejected the agency's effort to block Murray from questioning McCarthy at a deposition, the government took the fight to the U.S. Court of Appeals for the Fourth Circuit.

Bailey had found that McCarthy's testimony was necessary because the agency previously made statements to Congress about its accounting of job losses in Clean Air Act enforcement that appeared to conflict with the agency's arguments in the Murray case. The Fourth Circuit panel found no such conflict. Bailey interpreted the EPA's statements to Congress to mean that the agency hadn't evaluated job losses under a section of the Clean Air Act. The EPA submitted documents in the litigation that it said showed that the agency had done job-loss evaluations.

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Landfill gas to CNG among 6 waste and recycling trends predicted in 2016

By Arlene Karidis, Waste Dive. 

As we prepare to move into 2016, the solid waste management industry faces ongoing and new challenges that shape how companies do business. From the push to landfill less and reuse more, to the resulting economic toll of plummeting values of surplus recyclables, haulers, recyclers and landfill operators are finding new ways to thrive.

Here are six likely trends for the upcoming year, as projected by industry leaders.

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Louisiana Parish Expands CNG Station in Circular Waste-to-Energy Pact with Progressive Waste

By Alan Gerlat, Waste 360.

A Louisiana solid waste district has opened an expanded compressed natural gas (CNG) fueling facility at its landfill to fuel Progressive Waste Solutions Ltd. trucks that collect residential trash in the area.

The district expanded the BioCNG facility in St. Landry Parish because of a fuel purchase agreement between the St. Landry Solid Waste Commission and the Vaughan, Ontario-based Progressive. Progressive purchased 10 new CNG waste trucks in 2015 to provide residential collection service in the parish, and it decided to use the biogas generated at the landfill rather than building its own fueling station, according to a news release.

Parish officials said the setup is the only one of its kind in Louisiana.

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Pelosi Throws Cold Water On Tax Extenders Bill As Talks Run Down To The Wire

By Laura Barron-Lopez, Huffington Post Politics.

WASHINGTON -- House Minority Leader Nancy Pelosi (D-Calif.) came out swinging Friday against a massive tax extenders package Congress is hoping to pass before departing for holiday break.

In the last week, Republicans and Democrats have gone back and forth over the tax package and a 1 trillion dollar omnibus spending bill. The spending bill needs to reach the president’s desk by the middle of next week to avoid a government shutdown. 

Lawmakers previously staved off a shutdown on Friday by passing a five-day continuing resolution, giving them more time to come to an agreement.

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Tax Extenders -- The Deal?

DEC 8, 2015

By Dean Zerbe, Forbes.

Late last night, the House Ways and Means Committee Chairman, Congressman Brady (R-TX), put out a proposed two-year extenders bill (along with a significant number of other provisions) that appear to be “the deal” – the bill can be found here: http://1.usa.gov/1lKKSW8. The chances of a bigger deal (permanency for a number of provisions) look at the moment to be filed under “a bridge too far.” Still, this is an impressive effort out of the gate by Chairman Brady as well as his Senate colleagues – Chairman Hatch (R-UT) and Senator Wyden (D-OR). Consideration of the legislation is anticipated for this week.

The proposed bill extends (going back to cover 2015 and going forward to cover 2016) all of the tax provisions that had expired – including a number near and dear to business (R&D tax credit; 179 expensing (expanded further in 2016) and accelerated depreciation being the key ones) as well as individuals (including deduction of state and local sales tax and deductions for school teachers) and charities (IRA rollover and conservation easements). The bill keeps in place also a number of energy provisions (including biofuel; wind; and energy efficient buildings)

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House votes to overturn Obama’s climate rule

By Timothy Cama and Cristina Marcos, The Hill.

The House voted Tuesday to overturn President Obama’s sweeping climate change regulations for power plants in a largely symbolic move.

The mostly party-line 242-180 vote came on the second day of a two-week climate change conference in Paris. 

The legislation would permanently block the main pillar of Obama’s climate agenda and of his pledge to the international community for the accord world leaders are writing in Paris. Tuesday's vote sends the measure to Obama's desk, following the Senate's November vote to pass the legislation. Obama has promised a veto to protect his climate priorities.

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White House threatens veto of House energy bill

By Devin Henry, The Hill.

The Obama administration is threatening to veto a House bill overhauling federal energy policy. 

In a statement, the Office of Management and Budget said that the bill, from Rep. Fred Upton (R-Mich.), would “undermine already successful initiatives designed to modernize the nation's energy infrastructure and increase our energy efficiency.”

The White House hit the legislation for hurting Department of Energy programs designed to improve efficiency offerings and targeted provisions within the bill dealing with federal regulators’ oversight of energy systems.

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After weeks of negotiations, Congress finalizes 5-year transportation bill

By Ashley  Halsey III, The Washington Post.

Congress ended weeks of contentious negotiation Tuesday, agreeing to a five-year transportation bill that will boost spending on roads and transit systems by billions of dollars each year.

In its first year, the approximately $300 billion bill increases spending on highways by $2.1 billion above current levels. By the final year, in 2020, the bump will be $6.1 billion above the approximately $50 billion that has been spent in recent years.

Spending on transit will go from the current $8.6 billion to almost $10.6 billion in 2020.

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Climate Leadership Team makes 32 recommendations for updating BC's climate change policies

By Selina Lee-Andersen, McCarthy Tétrault LLP.

As reported in our earlier blog, British Columbia (BC) Premier Christy Clark appointed a Climate Leadership Team in May 2015 to provide advice and recommendations to government for its new Climate Leadership Plan.  The Climate Leadership Team’s mandate was based on four cornerstone objectives: (i) achieving BC’s legislated GHG emission reduction targets; (ii) maintaining a strong economy; (iii) mitigating negative impacts on vulnerable populations; and (iv) maintaining BC’s reputation for world-leading climate policies.

Following extensive stakeholder consultations throughout the summer, the Climate Leadership Team prepared a report that was released by the BC government on November 27, 2015, in advance of the upcoming international climate negotiations in Paris. The team’s report consists of 32 recommendations addressing a number of areas including GHG reduction targets, carbon tax design, transportation, buildings, communities, offsets, and First Nations. Based on extensive modelling of different pathways to meet the objectives of their mandate, the Climate Leadership Team concluded that any pathway that achieves these objectives will require the following four elements:

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    Toyota’s Kentucky Landfill Gas-To-Energy Project Now Online

    By Megan Greenwalt, Waste 360.

    International automaker Toyota Motor Manufacturing, Kentucky Inc.’s partnership with Waste Services of the Bluegrass (WSB) to generate power for its facility from local landfill waste came online last month, marking the region’s first business-to-business landfill gas-to-energy initiative. 

    “The methane gas from the landfill will be directly burned in the generator,” says Chris Adkins, energy management specialist for Toyota Motors Manufacturing, Kentucky.

    According to WSB’s website, up to 100 percent of the methane gas captured at Central Kentucky Landfill in Georgetown, Ky., will be purchased by Toyota, which estimates the locally generated gas will supply enough power each year for the production of 10,000 vehicles. The plant manufactures two hybrid models and has been a zero waste to landfill facility since 2006.

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