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Federal Government Urges Supreme Court Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

The trend toward use of heavier crudes increases the carbon footprint of petroleum products

Heavier crudes are, by definition, more viscous. The also contain greater amounts of sulfur, which must be removed because of the adverse impact of sulfur on various catalysts used in the refining process. The sulfur content of fuel is also controlled because of its impact on particulate generation....

EPA announces new air emission regulations for coal-fired power plants

Prior posts have noted the numerous studies that support the view that emissions from a variety of sources, including automobiles, trucks, and power plants, have an adverse impact on the health of those exposed to such emissions. It is also fairly certain that one significant source of mercury contamination...

NRDC challenge to EPA approval of California CAA SIP fails

California submitted a Clean Air Act State Implementation Plan to the EPA for approval. Pursuant to the "conformity rule" under 40 C.F.R. Section 93.118, the EPA conducted a review to determine whether the SIP's motor vehicle emissions budgets were adequate for transportation conformity...

Fourth Circuit holds that attorney's fees provision of Clean Air Act requires only a modicum of success on claims

Applications for attorney's fees are often very contentious. In addressing the language regarding such fees contained in the Clean Air Act, the Fourth Circuit affirmed a broad interpretation of the fee provision. Defendant Duke Energy sought to construct a 800-MW, coal-fired generator (known as...

Let a thousand lawsuits bloom: The CAA is this week's favorite target

As noted in prior posts, EPA has proposed national standards for mercury and other toxic pollutant emissions from power plants. See http://www.epa.gov/airquality/powerplanttoxics/ . Now Guam and 25 states have filed a challenge to the regulations. The EPA is under court order to finalize the so-called...