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...

Senate Cap and Trade Greenhouse Gases Climate Bill Faces Conflicts with House ACES Bill and States Powers

By Svend Brandt-Erichsen and Dustin Till, Attorneys, Marten Law PLLC “Senators Kerry and Lieberman released their much-anticipated cap and trade legislation on May 12, 2010. The Kerry-Lieberman bill takes its place alongside H.R. 2454, the American Clean Energy and Security Act (ACES), enacted...

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...

Jenner & Block: No Quorum, so En Banc Fifth Circuit Dismisses Comer v. Murphy Oil Climate Change Appeal

By Gabrielle Sigel, Partner, Jenner & Block LLP “The U.S. Circuit Court of Appeals for the Fifth Circuit recently issued an order in Comer v. Murphy Oil USA , dismissing the appeal of this climate change nuisance case involving the effects of Hurricane Katrina,” writes Gabrielle Sigel...

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...

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...

New Source Review - Tailoring Rule on Greenhouse Gas Emissions Proposed by Environmental Protection Agency for Air Permits Under Clean Air Act

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...

  • 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),”...

Supreme Court Grants Certiorari in Power Companies Appeal of Second Circuit Ruling on Emissions as Public Nuisance Litigation

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'...

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...

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...