EPA Sets Thresholds for Greenhouse Gas Permitting Requirements - Small businesses and farms will be shielded

WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced yesterday a final rule to address greenhouse gas (GHG) emissions from the largest stationary sources, while shielding millions of small sources of GHGs from Clean Air Act permitting requirements. The phased-in, common-sense approach...

Marten Law on National Parks Conservation Ass'n v. TVA: Federal District Court Ruling May Undercut Enforcement and Citizen Suit Challenges Aimed at Coal-Fired Power Plants

By Dustin Till, Associate, Marten Law Group PLLC “The recent opinion in National Parks Conservation Association v. TVA took the frequently contested question of what constitutes ‘routine’ maintenance of coal-fired power plants in a new direction” writes Dustin Till. “That...

Marten Law: Responding to Limits on Greenhouse Gas Emissions: Three Questions for Companies in the Electric Power Sector

By Adam D. Orford, Associate, Marten Law Group PLLC “If your company generates, transmits or sells electricity, you are thinking about climate change regulation. Coming greenhouse (GHG) emissions restrictions—whether imposed by regulation or legislation—will profoundly affect...

Marten Law: EPA Proposes New Rules for Power Plant Emissions

By Dustin Till, Associate, Marten Law Group PLLC “A new rule proposed by the Environmental Protection Agency (EPA) would regulate emissions from coal-fired power plants in Eastern and Midwestern states. Known as the Transport Rule, EPA's proposed regulation replaces EPA's Clean Air...

EPA Proposes Rules on Clean Air Act Permitting for Greenhouse Gas Emissions

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is proposing two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions. In the spring...

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...

Marten Law: EPA Proposes to Require Oregon, Idaho, Alaska and Ten Other States to Update Clean Air Act Permitting Programs to Address Greenhouse Gas Emissions

By Dustin Till, Associate, Marten Law Group PLLC “The Environmental Protection Agency is taking more steps to implement its greenhouse gas Tailoring Rule, which will restrict emissions from new and modified large stationary sources such as power plants and petroleum refineries beginning January...

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought by eight states seeking to limit the companies'...

New Report Highlights Potential For State Federal Cap and Trade Partnerships Under Clean Air Act §111

By Gregory E. Wannier, Deputy Director of the Center for Climate Change Law, Columbia Law School CCCL recently released a report detailing options for implementing potential cap and trade regimes through federal-state partnerships under Section 111 of the Clean Air Act (§111) . This report...

EPA Proposes First National Standard for Mercury Pollution from Power Plants

Mercury and air toxics standards represent one of strongest health protections from air pollution since passage of Clean Air Act WASHINGTON – In response to a court deadline, today the U.S. Environmental Protection Agency (EPA) proposed the first-ever national standards for mercury, arsenic and...

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...

Troutman Sanders: EPA Issues Strict New Cross-State Air Pollution Rule for Power Plants

On July 7, 2011, the U.S. Environmental Protection Agency ("EPA") issued new rules requiring power plants in 27 eastern, mid-western, and southern states to cut emissions of nitrogen oxide by 54% and sulfur dioxide by 73% from 2005 levels by the time the rules take full effect in 2014. The...

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 , addressing the interstate transport of...

EPA Issues First National Standards for Mercury Pollution from Power Plants

Historic 'mercury and air toxics standards' meet 20-year old requirement to cut dangerous smokestack emissions WASHINGTON - The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards, the first national standards to protect American families from power...

Marten Law: Challenges to EPA's Controversial Cross-State Air Pollution Rule Move Forward

By Dustin Till In this Emerging Issues Analysis, Dustin Till reviews the EPA's attempt to regulate emissions from power plants in "upwind" states based upon allegations that air quality in "downwind" states is affected. The EPA's controversial Cross-State Air Pollution Rule...

Jenner & Block: Another Federal Circuit Adopts Five-Year Limit On NSR Enforcement Actions

The U.S. Court of Appeals for the Third Circuit recently joined the Seventh, Eighth, and Eleventh Circuits in finding that U.S. EPA is required to bring New Source Review (NSR) enforcement proceedings within five years of the alleged violation. On August 21, 2013, in United States of America, et al....

Compliance With the Clean Air Act May Not Be Enough

A recent Third Circuit decision indicates that compliance with the requirements of the Clean Air Act (CAA) may not be sufficient to protect an owner or operator from state common law tort claims. In Bell v. Cheswick Generating Station (Aug. 20, 2013) [ enhanced version available to lexis.com subscribers...

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants

On September 20, 2013, U.S. EPA rescinded its first attempt and proposed new rules to establish New Source Performance Standards (NSPS), i.e. , national emission limits, for carbon dioxide (CO 2 ) emitted from new electric power plants. EPA's proposed approach is to set different limits, and different...

Northeastern States Seek to Force Upwind States to Join the Ozone Transport Region

BY: LYNNE C. RHODE Stating that they “face pervasive ozone nonattainment problems,” eight Northeastern states on December 9, 2013 petitioned the U.S. Environmental Protection Agency (“EPA”) to add nine upwind states to the Ozone Transport Region (“OTR”). Delaware...