Environmental Protection Agency Affirms Greenhouse Gas Emissions Endangerment Finding

WASHINGTON, D.C. - (Mealey's) The U.S. Environmental Protection Agency on July 29 denied 10 petitions challenging its Dec. 7 determination that greenhouse gas emissions are a threat to public health and must be regulated under the Clean Air Act. The finding allows the federal government to regulate...

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...

2010 Ends with a Flurry of Activity on Greenhouse Gas Regulatory & Litigation Fronts

By Peter Glaser, Partner, Troutman Sanders LLP With EPA greenhouse gas (GHG) regulation beginning with the new year, the old year ended with six new rules governing GHG regulation under the PSD and Title V programs, settlement agreements committing EPA to promulgate New Source Performance Standards...

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS 4565 (6/20/11), the U.S. Supreme Court addressed...