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: Solicitor General Sides With Utilities, Asking Supreme Court to Block Common Law Climate Change Lawsuit

By Steven Jones, Partner, Marten Law PLLC “In a brief filed last August, the Solicitor General has urged the Supreme Court to accept review of the Second Circuit's decision in Connecticut v. American Electric Power Co. ( AEP ),” writes Steven Jones. “In AEP , the Second Circuit...

Marten Law: Climate Change: The Year Ahead

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC In this Emerging Issues commentary, Svend Brandt-Erichsen and Dustin Till, attorneys for Marten Law PLLC, discuss the EPA rules regarding greenhouse gases (GHGs) that took effect on January 2, 2011. The rules require limits on GHGs...

Columbia Law School Center for Climate Change Law: The Climate Battle Continues - Two Senate Bills Seek to Block EPA Regulation of Greenhouse Gases

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School With the 112th Congress now in session, Senators from both parties have already introduced legislation that would block EPA’s ability to regulate greenhouse gases (GHGs). This post addresses two of the most notable examples...

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...

Marten Law: Republican Lawmakers Join Obama Administration in Urging Supreme Court to Overrule GHG Nuisance Case

By Steven Jones, Partner, Marten Law PLLC “Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate...

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.:...

Climate Change a Breach of Public Trust?

By Dianne Saxe, Attorney Attorneys representing groups of one or more children and young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide...

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...

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...

The Debt Ceiling Furor Will Change the Climate of Climate Change Responses

By J. Wylie Donald, Partner, McCarter & English We hope you don't come to this blog for stock tips but it doesn't take John Bogle to know that the debt ceiling impasse and the budget furor do not bode well for renewable energy stocks. Citing the debt crises and oversupply, here is how...

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...

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...

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...

Members Of Congress Aim To Restrict EPA’s Ability To Set Greenhouse Gas Emission Standards For Fossil Fuel Power Plants

On October 28 th , Democratic Senator Joe Manchin (W.Va.) and Republican House Representative Ed Whitfield (Ky.) released a discussion draft bill intended to limit the EPA’s ability to set greenhouse gas emission standards for fossil fuel-fired power plants. The House Energy and Commerce subcommittee...