Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards

The Ohio Supreme Court has ruled that a reference method stack test showing that an air contaminant source is exceeding emission standards creates a rebuttable presumption that the source is in continuing noncompliance with emission standards, State, ex rel. Ohio Attorney General v. Shelly Holding Co...

Court Denies Rehearing of Decision Overturning CSAPR

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate transport of pollutants emitted by electric generating...

Columbia Law School Center for Climate Change Law: GHG Protocol Releases New Corporate GHG Reporting Standard

In April 2013, the GHG Protocol, a partnership between the World Resources Institute and the World Business Council for Sustainable Development, released new guidelines to account for greenhouse gas (GHG) emissions in both upstream and downstream corporate activities. Previously, GHG Protocol developed...

Cadwalader Clients & Friends Memo: Recent Developments in Regulating Greenhouse Gas Emissions

The Supreme Court Grants EPA’s Petition for Certiorari in Transport Rule Case, and President Obama Issues Executive Directive to EPA Regarding Carbon Emissions On Monday, June 24, 2013, the U.S. Supreme Court granted the petition of the U.S. Environmental Protection Agency (“EPA”...

OEHHA proposes to list "emissions from coal combustion" under California's Proposition 65

OEHHA, the State regulatory agency overseeing the administration of Propositon 65, has announced its intent to list "emissions from the combustion of coal" as a carcinogen. See http://www.oehha.ca.gov/prop65/CRNR_notices/admin_listing/intent_to_list/noil060713coal.html . The emissions at issue...

Jenner & Block: New Report Concludes No Material GHG Emissions From Keystone XL Pipeline

In the recent debate surrounding the pending Keystone XL pipeline decision, new questions have been raised about the pipeline's potential impact on greenhouse gas (GHG) emissions. President Barack Obama has indicated that the relative emissions related to increased Canadian oil sands processing in...

Does Preemption Prevent Redress For Homeowners Impacted By Polluters' Air Emissions?

On April 23, 2012, residents of rural Muscatine, Iowa filed a class action lawsuit titled, Laurie Freeman et al. v. Grain Processing Corporation (case no. LACV 021232), in the Iowa District Court for Muscatine County. The defendant, Grain Processing Corporation, is an Iowa manufacturer of corn syrup...

CAA Settlement Requires Violator to Invest in Improving Energy Efficiency of Other Buildings

By Marc Karell, P.E., CEM, Climate Change & Environmental Services, LLC In September of 2013, HA Industries of Oregon, IL, a manufacturer of coatings and resin-coated sands, settled charges that it violated the Clean Air Act. No big deal here. This happens all the time. Like many such settlements...