LexisNexis® Legal Newsroom
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,...

Solicitation for Federal Loan Guarantees for Renewable Energy Projects Published

On July 3, 2014, the U.S. Department of Energy Loans Program Office published a solicitation for Federal Loan Guarantees for Renewable Energy Projects and Efficient Energy Projects. Under the solicitation, eligible projects include Renewable Energy Projects and Efficient Energy Projects that implement...

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...

New SEC Climate Disclosure Search Tool

Ceres and CookESG Research have launched a new search tool allowing easier access to companies' climate change-related disclosures to the U.S. Securities Exchange Commission (SEC). The SEC Climate Disclosure Search allows searching by year, company, ticker, industry group or stock index as well as...

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...

Minister Receptive to Commissioner’s Climate Report

Ontario’s Environmental Commissioner has issued his annual Climate Change report , as usual scolding the provincial government for its inaction on both mitigation and adaptation. But this year, the report got an unusual reception: the new Minister of the Environment and Climate Change, Glen Murray...

Should Energy Board Consider Climate Before Approving Pipelines?

By Meredith James Can, and should, the National Energy Board consider climate impacts before approving oil pipelines? The federal government says no, objectors say yes. Now the courts must decide. The Trans Mountain Pipeline expansion would increase the capacity of the current 1,150 km pipeline...

Resilient Rhode Island Act of 2014 Sets 85% Carbon Emissions Reduction Goal by 2050, Strongest In the United States

The Rhode Island legislature has passed the Resilient Rhode Island Act of 2014, [ enhanced version available to lexis.com subscribers ], which addresses climate mitigation, adaptation and resilience, and establishes greenhouse gas emissions reductions targets of 10% below 1990 levels by 2020, 45% by...

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...

UN Climate Summit 2014

By E. Lynn Grayson Secretary-General Ban Ki-moon is hosting the Climate Summit 2014 at UN headquarters in NYC. The purpose of the Summit is to engage leaders and advance climate action. The UN's ultimate objective is to rally international support for an ambitious global agreement by 2015 that...

Challenges to EPA’s Proposed Carbon Rules: What If They Succeed?

By Michael B. Gerrard The Clean Power Plan proposed by the Environmental Protection Agency in June is the centerpiece of the Obama Administration’s efforts to fight climate change. Coal-fired power plants are by far the largest source of greenhouse gas emissions in the United States, and...

New SCCCL Report: Flag State Regulation of Greenhouse Gas Emissions

The Sabin Center for Climate Change Law has released a new white paper addressing state authority to regulate greenhouse gas emissions from ships. According to international law, all ships must have a nationality and must register with and fly the flag of that state. Flag state jurisdiction refers to...

California Appellate Court Holds that Regional Planning Agency Must Examine the Long-Term Impacts of Its Transportation Plan on Reduction of Greenhouse Gases

By: Daniel P. Selmi*, Visiting Scholar, Sabin Center for Climate Change Law and Fritz B. Burns Professor of Law, Loyola Law School In an emphatic opinion, a state appellate court has invalidated the environmental impact report for the first “sustainable communities strategy” prepared...

CEQ’s Revised Draft Guidance on Addressing Climate Change under NEPA: Federal Agencies Should Analyze Both GHG Emissions and Impacts of Climate Change on Proposed Action

On December 24, 2014, the Council on Environmental Quality (CEQ) released Revised Draft Guidance on how federal agencies should evaluate GHG emissions and the impacts of climate change when conducting reviews under the National Environmental Policy Act (NEPA).[1] The revised guidance is significantly...

The Minamata Convention and the Paris Climate Agreement: Insights into Senate-Less Adoption

In 2011, governments around the world committed to deliver a new, universal, and binding greenhouse gas (GHG) reduction agreement for the period beyond 2020 by 2015. This agreement is to be adopted this December at the twenty-first Conference of the Parties to the United Nations Framework Convention...

Sabin Center Publishes Comprehensive Assessment of Non-U.S. Climate Litigation

The first comprehensive survey ever conducted of climate change litigation outside the United States has been released by Columbia Law School’s Sabin Center for Climate Change Law. It finds that there is far more climate litigation in the United States than in the rest of the world combined, and...

The Constitutional Foundation for the Clean Power Plan

As members of Congress wisely examine the legal basis for the Clean Power Plan, they should feel confident that the Environmental Protection Agency is acting with a solid constitutional foundation. At a Tuesday hearing of the Subcommittee on Energy and Power of the House Committee on Energy and Commerce...

Annual U.S. Greenhouse Gas Emissions Inventory Shows Increase Since Prior Year and Since 1990

By Gabrielle Sigel As it has since 1994, on April 15 of this year, U.S. EPA published its annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. The Inventory tracks greenhouse gas ("GHG") emissions from man-made sources, by year, starting in 1990. The Inventory began as part of...

EQUATING IMMIGRANTS TO GREENHOUSE GASES: IS THIS A VALID BASIS FOR STANDING TO SUE THE FEDERAL GOVERNMENT?

Cyrus D. Mehta writes : "It has lately become fashionable for states that oppose President Obama’s immigration executive actions to sue in federal court on grounds that they are unconstitutional. But in order to get heard in court, a state must demonstrate standing. In the Texas v. United...

Possible Shift of Perspectives on Breadth of NEPA Review; CEQ's Draft Greenhouse Gas Guidance

Pursuant to the National Environmental Policy Act (NEPA),[1] and the corresponding NEPA regulations issued by the Council on Environmental Quality (CEQ)[2] and the respective reviewing agencies, federal agencies are required to consider the environmental impacts of proposed federal actions— i.e...

Oslo Principles on Climate Change: Governments are Breaching Legal Duties

By Jennifer Kalnins Temple A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change . These principles demonstrate that the governments of the world are breaching their legal duties to their...

Lawsuit Seeks To Force Belgian Government To Take Action Against Climate Change

Jennifer M. Klein, Esq. Associate Director & Fellow A group of Belgian citizens initiated a lawsuit in April seeking to compel their government to take aggressive action against climate change. The group, Klimaatzaak, filed a summons in the court of first instance in Brussels, alleging that...