State Net Capitol Journal Legislative Updates: Ohio and California Legislatures Approve Measures for Regulation of Shale Gas Fracking

ENERGY: The OHIO House and Senate approve SB 315, which requires greater disclosure of chemicals used in the hydraulic fracturing, or fracking, process to extract natural gas from underground shale deposits. The measure also requires water sampling within 1,500 feet of proposed water wells, mandates...

Columbia Law School Center for Climate Change Law: Ninth Circuit Affirms Decision Finding Washington State Building Energy Code Met Requirements for Obtaining Exemption Under Federal Law

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 25, 2012, the Ninth Circuit affirmed in Bldg. Indus. Ass'n v. Wash. State Bldg. Code Council a district court decision that found that an energy efficient building energy code adopted by the Washington Building Code...

Obama Administration Finalizes Historic 54.5 mpg Fuel Efficiency Standards

Consumer Savings Comparable to Lowering Price of Gasoline by $1 Per Gallon by 2025 WASHINGTON, DC - The Obama Administration has finalized groundbreaking standards that will increase fuel economy to the equivalent of 54.5 mpg for cars and light-duty trucks by Model Year 2025. When combined with previous...

State Net Capitol Journal Legislative Updates: Illinois Governor Vetoes Plastic Bag Recycling

ENVIRONMENT: ILLINOIS Gov. Pat Quinn (D) vetoes SB 3442, which would have required plastic bag manufacturers to set up collection and recycling programs and barred local municipalities from establishing their own plans (QUAD-CITY TIMES). • The U. S. Court of Appeals for the District of Columbia...

State Net Capitol Journal Legislative Updates: Polar Bear and Arctic Wolf Buy Votes in Battle For Presidential Election

ENVIRONMENT: The U.S. Environmental Protection Agency approves a plan by COLORADO officials to improve the state's air quality. Officials say the plan will cut overall greenhouse gas causing emissions 70,000 tons by 2018 (DENVER POST). • FLORIDA officials formally authorize an $880 million cleanup...

Marten Law: Energy Policy in the Second Obama Administration

By Adam D. Orford, Dustin Till, and Daniel Timmons, Attorneys, Marten Law PLLC Excerpt from the Commentary: The current boom in oil and gas production will be one of the forces driving President Obama's energy policy in his second administration. In this article, three attorneys from...

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”...

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...

'Deferral Rule' is Derailed - Biogenic Greenhouse Gas Emitters Stand By to Be Regulated

The greenhouse gas rule you’ve never heard of, the Deferral Rule, has been shot down (barely) by the D.C. Circuit. See Center for Biological Diversity v. Environmental Protection Agency , No. 11-1101 (D.C. Cir., July 12, 2013), [ enhanced version available to lexis.com subscribers ]. The opinion...

Auto Fuel Economy Rises by 4.3 MPG in the Last Five Years

According to an October 2013 report completed by the University of Michigan’s Transportation Research Institute, entitled “A Comparison of CAFE Standards and Actual CAFE Performance of New Light-Duty Vehicles,” model year 2013 vehicles have an average fuel economy of 29.8 miles per...

Environmental Impact Statements Addressing Resiliency and Adaptation

Ethan I. Strell, Associate Director & Fellow, Columbia Center for Climate Change Law In a subtle but meaningful shift, the environmental impact review process in New York City is beginning to more systematically consider the potential effects of a changing climate on proposed projects, not...

RGGI Outlines Its 111(d) Vision to EPA

by Shelley Welton, Deputy Director On December 2 nd , commissioners, secretaries and directors of environmental and energy agencies from states within the Regional Greenhouse Gas Initiative (RGGI) filed comments to EPA on the agency’s forthcoming regulations for greenhouse gases from existing...

Sustainability vs. Competitiveness in the EU

By Teresa Parejo Navajas, Associate Professor of Law (Carlos III University, Spain) Visiting Scholar at the Center for Climate Change Law The EU Strategy 2020, adopted in 2010, is about delivering growth for a smart, sustainable and inclusive economy with more effective investments in education...

Proposed Federal Strategies to Reduce Methane Emissions

While energy conservation, reducing fossil fuel combustion to reduce greenhouse gas (GHG) emissions, is important to combat climate change, another GHG of importance is methane (CH 4 ), which is 21 times more potent than CO 2. CH 4 emissions do not derive from combustion, but instead from natural decomposition...

New Ceres Report Tracks Corporate Sustainability Efforts

By E. Lynn Grayson . This report, Gaining Ground - Corporate Progress on the Ceres Roadmap for Sustainability (report), evaluates how well 613 of the largest, publicly traded U.S. companies are integrating sustainability into their business systems and decision-making. The report – a collaboration...

Obama To Slash Emissions From Power Plants

The U.S. Environmental Protection Agency (EPA) has released its long awaited proposed greenhouse gas (GHG) emission standards to slash carbon emissions from existing power plants, the largest industrial source of GHG emissions in the US. The rule, if upheld by the Supreme Court, will require existing...

Supreme Court Affirms In Part, Reverses In Part Clean Air Act Ruling

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today reversed in part and affirmed in part a District of Columbia Circuit U.S. Court of Appeals ruling as to whether the U.S. Environmental Protection Agency could require companies emitting greenhouse gases (GHGs) to obtain permits for...

Federal Government Proposes New Air Pollution Regulations

The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired...

Is RGGI in New Jersey's and Pennsylvania’s Future?

By John McAleese . With the release of EPA’s proposed regulation of CO2 from existing sources on June 2, there has been a lot of speculation that states will look to cap-and-trade schemes as a means of complying with EPA’s mandate that the states reduce CO2 emissions by 30% of 2005 levels...

EPA Appears to Have Green Light to Develop Regulations on Utility Power Plant Greenhouse Gas Emissions

Efforts by the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas emissions just cleared a significant hurdle through a recent U.S. Supreme Court decision, which appears to give the agency a green light to move forward with its development of a regulatory regime concerning utility...

Supreme Court Ruling Means Some Facilities Will No Longer Trigger Greenhouse Gas Permitting Requirements

In a highly anticipated decision issued June 23, 2014, the U.S. Supreme Court held that USEPA cannot require a stationary source to obtain a Prevention of Significant Deterioration (PSD) or Title V permit on the sole basis of its potential to emit greenhouse gas emissions. At the same time, however,...

Supreme Court Rejects Premise For GHG Tailoring Rule, But Largely Maintains EPA’s Authority To Set GHG Emission Limits

By Deborah E. Jennings , Catherine B. Campbell , and Andrew B. Schatz In a split decision, the United States Supreme Court confirmed the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from new and modified stationary sources that are required to obtain...

What Does Regulation of Greenhouse Gas Emissions as Described by EPA in the “Tailoring Rule” Have to Do With the Clean Air Act?

UARG v. EPA (Tailoring Rule Litigation) This summer, Justice Scalia delivered the opinion of the U.S. Supreme Court [lexis.com subscribers may access Supreme Court briefs and the opinion for this case] on the question of whether EPA motor vehicle greenhouse gas regulations necessarily automatically...

EPA Settles With Costco To Cut Ozone-Depleting And Greenhouse Gas Refrigerant Emissions Nationwide

Costco Wholesale Corporation, one of the nation’s largest retailers, has agreed to cut its emissions of ozone-depleting and greenhouse gases from leaking refrigeration equipment at more than half of its stores nationwide. In a settlement with the U.S. Environmental Protection Agency and U.S...