Carbon Capture and Sequestration

By Kathy G. Beckett and David M. Flannery, Members, Jackson Kelly PLLC; General Editor Bradley M. Marten As the United States continues to debate the climate change issue, attention is being focused on the burning of fossil-fuels for power generation, manufacturing, and transportation as a primary...

Treatment of Greenhouse Gases Under the Clean Air Act

By Carol E. Dinkins and Eric Groten, Partners, Vinson & Elkins; General Editor Bradley M. Marten In the absence of federal climate change legislation, questions about whether and how greenhouse gases may be regulated under the Clean Air Act (CAA) have never been more pressing. This pamphlet discusses...

  • 10-20-2010 | 14:21 PM
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Marten Law: Washington State Issues Revised Proposal for Mandatory Greenhouse Gas Reporting

By Alyssa Moir, Marten Law Group PLLC “Large stationary sources and transportation fuel suppliers in the State of Washington would have to report their 2012 greenhouse gas (GHG) emissions beginning in 2013 under rules recently proposed by Washington's Department of Ecology (Ecology),”...

State by State Greenhouse Gas Regulation

By David W. Tundermann; General Editor Bradley M. Marten States across the country have enacted or are considering a broad range of actions to reduce greenhouse gas (GHG) emissions, including comprehensive GHG reduction plans, voluntary and mandatory GHG reporting, cap-and-trade programs, renewable...

Treatment of Greenhouse Gases Under the National Environmental Policy Act

By Jeffrey A. Thaler and Dustin T. Till; General Editor Bradley M. Marten Given the absence of comprehensive, economy-wide regulation of greenhouse gas emissions, the National Environmental Policy Act (NEPA) and its state-level counterparts have been on the frontline of the climate change fight....

Greenhouse Gas Tort Litigation

By Robert A. Wyman, Jr. and Michael G. Romey; General Editor Bradley M. Marten Numerous lawsuits have been filed to address climate change, including those based in tort for injuries to persons and property caused by greenhouse gas (GHG) emissions. This pamphlet provides comprehensive coverage of GHG...

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v. EPA et al , 2011 U.S. App. LEXIS 8685 (D.C. Cir.:...

Arctic salt clouds are reducting the impact of Global Climate Change on the Arctic region

Prior posts have noted both the various impacts of Global Climate Change ("GCC") on various aspects of the Earth and its atmospheric systems, as well as the failure of many/most models to include such impacts within their parameters. For example, a recent post noted that the solar cycle has...

Marten Law: Virginia Supreme Court to Decide Insurance Coverage for Climate Change Suits--AES Corp. v. Steadfast Insurance Co.

By Steven Jones, Partner, Marten Law PLLC "The Supreme Court of Virginia will soon decide whether a claim for damages alleged to have resulted from climate change is a covered 'occurrence' under standard general liability policies," writes Steven Jones. "The case, AES Corp...

Human impacts on the climate preceded the dawn of the petroleum age

Prior posts, occasionally with tongue planted firmly in cheek, have noted that human impact on carbon loading in the atmosphere goes back to well before the industrial era. A recent assessment has calculated that over the eight millennia before 1850, clearing land (for both hunting and for farming...

Solar cycle is abating impact of GHG emissions, Part 2

A recent posting noted that because the Sun is at a solar minimum, the impact of GHG increases in the atmosphere have been less than would otherwise be anticipated. Now, a new report suggests that the Sun is entering an unanticipated, a potentially prolonged period of solar minimum. Some will take a...

Sulfur Masking Global Warming?

By Patrick Greissing, Alston & Bird LLP A recent study published in the Proceedings of the National Academy of Sciences states that despite the increase in greenhouse gas emissions from 1998 to 2008, global surfaces temperatures have leveled off. The researchers, led by Robert Kaufman, a professor...

What is the source of the oceans' production of N2O, a potent GHG?

The oceans emit an estimated 30% of the nitrous oxide (N2O) entering the atmosphere. Nitrous oxide gives rise to NO (nitric oxide) when it reacts with oxygen atoms, and this NO in turn reacts with ozone. As a result, N2O is the main naturally occurring "regulator" of stratopheric ozone. N2O...

Marten Law: Previewing Legal Challenges to Cap-and-Trade

By Robert F. Lawrence, Dustin Till and Svend Brandt-Erichsen, Matren Law PLLC Excerpt: California's greenhouse gas (GHG) cap-and-trade program is due to be finalized within a few weeks, over widespread opposition and concern about its effects on California's economy. Looking forward, California...

California Superior Court blocks regional GHG regulations for failing to undertake CEQA review

In Nov. 2010 the California Building Industry Association (CBIA) filed suit against the Bay Area Air Quality Management District's (BAAQMD) CEQA Guidelines re GHG emissions. Among other requirements, environmental evaluations were required if a project was to be built within 1,000 feet of a freeway...

EPA Green-House Gas Regulation Argued Before Court

By William Perry Pendley, President and Chief Operating Officer of Mountain States Legal Foundation A hard-hitting brief filed by a western, nonprofit, public-interest legal foundation challenging the attempt by the Environmental Protection Agency (EPA) to regulate greenhouse gases to ameliorate so...

Area from Massachusetts to North Carolina Faces Accelerating Sea Level Increase

Climate change has, on average, raised the surface of the world's oceans in recent decades by melting glaciers and causing seawater to expand as it warms. But the rise has not been uniform, just like the increase in ocean temperature. As noted in prior posts, both temperature increases and rising...

EPA Greenhouse Gas Permitting Requirements Maintain Focus on Largest Emitters

Steps to streamline process will ease burden on state and local permitting authorities WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it will not revise greenhouse gas (GHG) permitting thresholds under the Clean Air Act. Today's final rule is part of EPA's...

New CCCL Paper– Controlling Greenhouse Gas Emissions from International Shipping: Powers of Pacific Island States

Columbia’s Center for Climate Change Law has published a new white paper analyzing state authority to regulate greenhouse gas (GHG) emissions from the international shipping sector. International shipping is responsible for roughly the same percentage of global emissions as aviation – at...

Minister Receptive to Commissioner’s Climate Report

Ontario’s Environmental Commissioner has issued his annual Climate Change report , as usual scolding the provincial government for its inaction on both mitigation and adaptation. But this year, the report got an unusual reception: the new Minister of the Environment and Climate Change, Glen Murray...

Should Energy Board Consider Climate Before Approving Pipelines?

By Meredith James Can, and should, the National Energy Board consider climate impacts before approving oil pipelines? The federal government says no, objectors say yes. Now the courts must decide. The Trans Mountain Pipeline expansion would increase the capacity of the current 1,150 km pipeline...