Overnight Energy: Mercury rule survives another round in court

EPA VICTORY IN MERCURY FIGHT: The Court of Appeals for the District of Columbia Circuit declined Tuesday to block the Environmental Protection Agency’s (EPA) mercury pollution rule for power plants.

The 2012 rule’s enforcement can proceed, the judges decided, despite the Supreme Court’s ruling in June that the EPA failed to properly consider the costs of the rule before it started writing it.

The decision was a major victory for the Obama administration regarding one of the most expensive environmental regulations ever.

{mosads}”These practical and achievable standards are already cutting pollution from power plants that will save thousands of lives each year and prevent heart and asthma attacks,” EPA spokeswoman Melissa Harrison said in a statement.

The Supreme Court left it up to the circuit court to decide whether the rule should stand while the EPA acts to fix the flaw.

A group of state and energy companies argued that the rule cannot stand, but the EPA said courts usually allow rules like that to stay in force while agencies fix them.

The EPA is on track to fix the rule by April. It has proposed to simply re-apply the cost-benefit analysis it already completed for the regulation to the pre-rule determination.

Read more here.

OMNIBUS (HOPEFULLY) COMING SOON: As of Tuesday afternoon lawmakers were still waiting on the final text of a massive spending and taxation package they hope to pass before leaving town for the year.

Senate Minority Leader Harry Reid (D-Nev.) hinted Tuesday, though, at what might be in the final deal, including crude oil exports.

Reid said Tuesday morning that Republicans had to choose between including a provision lifting the ban on crude oil exports along with renewing expiring clean energy tax credits, or passing a budget deal with neither policy included.

“We’ve made multiple offers to the Republicans that were certainly doable, reasonable and all the Republicans had to do was say ‘yes,'” Reid said on Tuesday morning.

“Saying ‘yes’ to any of these offers … over the past few days, especially the last three days, the ink would be dry. The entire package would be filed.”

Getting crude oil exports into a final budget package has turned into a major Republican priority, and senior Democrats have long said they could support lifting the ban if the GOP allows the tax credits to go forward. A tax credit for wind power expired in 2014; another one for solar power is set to go end next year.

Congress technically has to pass a spending bill by Wednesday, but is likely to approve another short-term bill to keep the federal government open while working on the broader package.

Read more here.

ON TAP WEDNESDAY I: Assuming the omnibus and tax bills are released Tuesday night, debate and consideration will begin on Wednesday. Check out The Hill for more information on the provisions in the bills.

ON TAP WEDNESDAY II: The New Republic will host an event on the Paris climate talks. Brian Deese, President Obama’s top climate adviser, will speak.

Rest of Wednesday’s agenda …

The Wilson Center will host its own event on what happens after the Paris climate agreement, featuring Paul Bodnar of the White House’s National Security Council.

AROUND THE WEB:

There is “virtually no chance” of a white Christmas for much of the country, Mashable (sadly) reports.

The mayor of Flint, Mich., has declared a state of emergency because of lead in the city’s water, and is seeking federal help, MLive reports.

California regulators have rejected a request from utilities to be allowed to charge steeper monthly fees to rooftop solar users, the San Jose Mercury News reports.

IN CASE YOU MISSED IT:

Check out Tuesday’s stories …

-Shell fights to keep Arctic drilling leases
-DiCaprio: Sanders ‘inspiring’ on climate change
-Billionaire climate activist targets GOP presidential candidates
-Obama administration looks to private sector for drought help
-UN nuclear agency votes to turn page on Iran
-Negotiator: Climate deal typo kicked off last-minute debates
-Reid blames GOP for holdup on funding deal
-Court refuses to overturn air pollution rule despite Supreme Court defeat

Please send tips and comments to Timothy Cama, tcama@digital-release.thehill.com; and Devin Henry, dhenry@digital-release.thehill.com. Follow us on Twitter: @Timothy_Cama, @dhenry, @thehill