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...

Marten Law: Proposed Legislation Seeking to Block EPA Greenhouse Gas Regulation Picks Up Speed

By Russell Prugh , Associate, Marten Law PLLC “Congressional legislators in both houses have recently proposed bills to delay or block EPA from regulating greenhouse gases (GHGs) under the Clean Air Act (CAA) and other environmental laws. A growing, bipartisan group of legislators are supporting...

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.:...

Will the Federal GHG Tailoring Rule Extend To Cap and Trade?

By Marc Karell, Founder and Principal, Climate Change & Environmental Services Earlier this year the World Resources Institute and other organizations issued a report providing ways for the federal government to implement a cap and trade program to reduce greenhouse gas (GHG) emissions independent...

Global Climate Change

By Michael B. Gerrard and Cullen Howe This chapter from Environmental Law Practice addresses both the factual background of global climate change and its legal implications. The chapter is divided into two parts, discussing the factual background of global climate change and the legal issues surrounding...

Marten Law: Washington State Decision Excludes Bioenergy-Based GHG Emissions From Clean Air Act Permit Requirements

By Svend Brandt-Erichsen, Partner, Marten Law PLLC "An administrative hearings board in Washington State has rejected calls for further assessment of climate impacts from a cogeneration project that will burn woody biomass to generate electricity and steam," writes Svend Brandt-Erichsen...

More on the American Electric Power Decision

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...

Podcast: Steve Jones Discusses American Electric Power Co. v. Connecticut

On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court, and examines the potential implications of the...

Marten Law: Climate Change Lawsuits Get Chilly Reception

By Dustin Till, Associate, Marten Law Group PLLC "The U.S. District Court for the District of Columbia recently dealt another blow to advocacy groups attempting to compel federal action on climate change via common law causes of actions. In Alec L. v. Jackson, 2012 U.S. Dist. LEXIS 75791 (D...

EPA Endangerment Finding, Tailpipe, Timing and Tailoring Rules for Greenhouse Gas Emissions Under Clean Air Act Upheld

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and large, stationary emission producers are neither...

State Net Capitol Journal Legislative Updates: North Carolina Tries To Outlaw Climate Change Data

BUT CAN THEY DO SOMETHING ABOUT THE HUMIDITY? Speaking of North Carolina, who knew the worst thing about global warming is that it might be bad for business? As the Los Angeles Times reports, things started when a Tar Heel State commission reported that ongoing climate change could cause North Carolina's...

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...

9th Circuit Affirms Dismissal in Kivalina v ExxonMobil

Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that the federal common law claim of public nuisance for global warming by greenhouse gases by the Alaskan Village of Kivalina was displaced by the Clean Air Act and Environmental Protection Agency regulations. "Our conclusion obviously...

Almost There … But Not Quite There …

On October 7, 2013, when the Supreme Court of the United States announced a number of procedural decisions regarding which cases it would review, there was a conspicuous absence from the list: Coalition for Responsible Regulation v. EPA, 684 F. 3d 102 (DC Cir 2012) [ enhanced version available to lexis...