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Greenhouse Gas Permitting Requirements for Large Stationary Sources under Clean Air Act Announced by EPA Administrator Lisa Jackson

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...

Carbon Dioxide Impairment of Coastal Waters Lawsuit Settlement Requires EPA to Consider Ocean Acidification According to Larson and MacCurdy

Linda Larson and Meline MacCurdy "EPA's recent settlement of a lawsuit brought by the Center for Biological Diversity (Center) challenging the State of Washington's failure to list coastal waters as "impaired" under § 303(d) of the Clean Water Act (CWA) due to reduced pH...

Steve Jones, Partner at Marten Law, on a Hot Global Warming Topic - Federal Preemption of Regional Climate Compacts

By Steve Jones. "With Senators Kerry (D-Mass.), Graham (R-S.C.) and Lieberman's (I-Conn.) climate change legislation reportedly set to be introduced in the near future", writes Steve Jones, "a number of state officials have openly expressed concern about the effect the legislation...

Svend Brandt-Erichsen and Dustin Till of Marten Law PLLC: EPA Issues Final Tailoring Rule Regulating GHGs From New and Modified Sources

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC “With a one-two punch, EPA on May 13, 2010 issued permitting requirements for larger stationary sources of greenhouse gases (GHGs), just one day after Senators Kerry and Lieberman released cap and trade legislation in the...

EPA to Issue Greenhouse Gas reporting program for coal mines, wastewater treatment, waste landfills and magnesium production

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is finalizing requirements under its national mandatory greenhouse gas (GHG) reporting program for underground coal mines, industrial wastewater treatment systems, industrial waste landfills and magnesium production facilities. The data...

Renewable Fuel Standard Program for 2011 Proposed by Environmental Protection Agency Under Energy Independence & Security Act of 2007

WASHINGTON -- The U.S. Environmental Protection Agency (EPA) proposed yesterday the 2011 percentage standards for the four fuels categories under the agency’s Renewable Fuel Standard program, known as RFS2. The Energy Independence and Security Act of 2007 (EISA) established the annual renewable...

Regional Cap-and-Trade Programs Issue White Paper that Recommends Standardized Guidelines for Offset Programs, by Dustin Till

By Dustin Till, Associate, Marten Law Group PLLC “With the fate of federal climate change legislation uncertain, the Regional Greenhouse Gas Initiative (RGGI), the Western Climate Initiative (WCI), and the Midwest Greenhouse Gas Reduction Accord (MGGRA) continue to collaborate on options for...

Greenhouse Gases (GHG) Regulated under Clean Air Act - Environmental Protection Agency Endangerment Finding Upheld

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...

DOJ Brief Supports TVA Request that Supreme Court Vacate 2nd Circuit Reinstatement of Public Nuisance Greenhouse Gas 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...

Solicitor General Files Brief in Support of Utility Petition for Certiorari from Second Circuit Climate Change Common Law Nuisance Ruling

By Steven Jones, Partner, Marten Law PLLC “In a brief filed last August, the Solicitor General has urged the Supreme Court to accept review of the Second Circuit's decision in Connecticut v. American Electric Power Co. ( AEP ),” writes Steven Jones. “In AEP , the Second Circuit...

  • 10-20-2010 | 14:45 PM
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Proposed State of Washington Greenhouse Gases Reporting Rule for its Climate Change Framework

By Alyssa Moir, Marten Law Group PLLC “Large stationary sources and transportation fuel suppliers in the State of Washington would have to report their 2012 greenhouse gas (GHG) emissions beginning in 2013 under rules recently proposed by Washington's Department of Ecology (Ecology),”...

Seeking to Minimize Methane Emissions, EPA Promulgates Petroleum/Natural Gas Industry Greenhouse Gas Reporting Rules

Reporting targets methane, a potent greenhouse gas and valuable fuel WASHINGTON - The U.S. Environmental Protection Agency (EPA) has finalized greenhouse gas (GHG) reporting requirements for the petroleum and natural gas industries as part of the mandatory reporting program. The petroleum and natural...

Jan. 31: Notification Deadline under TSCA Polymer Exemption

An important deadline approaches for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) polymer exemption. [1] A one-time notification required under the polymer exemption must be postmarked by January 31 of this year for polymers first manufactured or imported...

President and EPA Take Charge of Climate Change and Greenhouse Gases: Jenner & Block 2010 Year in Review

By Gabrielle Sigel, Partner, Jenner & Block LLP “On January 27, 2010, in his first State of the Union address, President Obama expressed his desire to see Congress pass a comprehensive energy and climate bill adopted in the coming year. This statement reiterated his position, stated at...

House Subcommittee Hears Opposition to EPA Regulation of Greenhouse Gases, May Revoke Authority under Clean Air Act

By Peter Glaser, Partner, Troutman Sanders LLP The Subcommittee on Energy and Power of the House Energy and Commerce Committee held hearings Wednesday, Feb. 9, on a draft bill authored by full Committee Chairman Fred Upton (R. Mich.) that would revoke EPA authority to regulate greenhouse gases...

Senate Legislation Seeks to Block Environmental Protection Agency Regulation of Greenhouse Gases, Invalidate Endangerment Finding

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School With the 112th Congress now in session, Senators from both parties have already introduced legislation that would block EPA’s ability to regulate greenhouse gases (GHGs). This post addresses two of the most notable examples...

Republicans in Congress File Amicus Brief to Overrule GHG Public Nuisance Case, Agree with Obama DOJ

By Steven Jones, Partner, Marten Law PLLC “Proving once again that politics makes for strange bedfellows, three prominent Republican lawmakers who have opposed EPA greenhouse gas regulation have joined the Obama Administration in urging the U.S. Supreme Court to overturn a landmark appellate...

Supreme Court Reverses Ruling Allowing States To Sue Over Greenhouse Gas Emissions

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse gas (GHG) emissions discharged by a number...

Foley & Lardner LLP Alert: Federal Agencies Issue New Policy Guidance Documents On The Regulation Of Nanomaterials

In June 2011, several federal agencies issued policy guidance documents regarding the regulation of nanomaterials. Although the guidance documents were issued by several different agencies, including the Office of Management and Budget, the Food and Drug Administration (FDA), and the Environmental Protection...

U.S. Supreme Court Reverses Ruinous Forestry Ruling

By William Perry Pendley DENVER - A western, nonprofit, public-interest legal foundation with decades of experience in environmental and forestry issues on March 20 celebrated a near-unanimous ruling by the Supreme Court of the United States reversing a ruling by a three-judge panel of the U.S. Court...