With the election over, speculation is rising as to whether the Administration will use the lame duck session and the fractious fiscal cliff negotiations to seize the opportunity to rush through a number of environmental changes. Current speculation includes:
1. Finalizing guidance on the definition of “U.S. Waters” under the Clean Water Act;
2. Issuing a draft report on the impacts of hydraulic fracturing on drinking water;
3. Issuing a waiver of the Renewable Fuels Standard and to issue new cellulosic volume numbers for 2013 by the end of the month;
4. Modifications to the Boiler MACT rule, ensuring that no new coal fired power plants are built; and
5. Possible air, water and toxic standards for natural gas.