Recent Posts

Clean Power Plan Published; Appeals Period Begins
Posted on 27 Oct 2015 by Ballard Spahr LLP

The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register Friday, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean Power Plan in the U.S... Read More

What Does Regulation of Greenhouse Gas Emissions as Described by EPA in the “Tailoring Rule” Have to Do With the Clean Air Act?
Posted on 27 Aug 2014 by Steptoe & Johnson PLLC

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... Read More

The Clean Power Plan: A View from FERC
Posted on 4 Mar 2015 by J. Wylie Donald

By J. Wylie Donald It was innocuous enough: Conference on Environmental Regulations; but the plainness of title belied what was going on at the Federal Energy Regulatory Commission at the first public forum at FERC on EPA's Clean Power Plan... Read More

How the Supreme Court Just Delayed the Clean Power Plan
Posted on 3 Aug 2015 by J. Wylie Donald

By Tricia Caliguire The Supreme Court’s decision in Michigan v. EPA , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], holding that the Environmental Protection Agency should have considered costs when... Read More

How VW's Diesel Engine Debacle Will Impact Farmers
Posted on 12 Nov 2015 by Todd Janzen

Volkswagen (VW) has been in the news lately after university researchers discovered its "clean diesel" emissions were as much as 40 times higher than EPA regulations allowed. VW apparently programmed its engine control unit (ECU) software to... Read More

Democratic Senators Introduce Carbon Tax Bill
Posted on 13 Jul 2015 by Columbia Law - Sabin Center for Climate Change Law

On Wednesday, June 10, two Democratic Senators (Sheldon Whitehouse of Rhode Island and Brian Schatz of Hawaii) introduced a bill that would impose a carbon tax of $45 per ton of carbon emissions. For other greenhouse gases, the bill imposes a carbon dioxide... Read More

EPA Proposal Limits Emissions for Methane and Other Volatile Organic Compounds
Posted on 16 Sep 2015 by Ballard Spahr LLP

By Harry Weiss and Lorene L. Boudreau The U.S. Environmental Protection Agency (EPA) has released proposed regulations that would set performance standards for emissions of methane and volatile organic compounds (VOCs) from new and modified sources... Read More

OEHHA proposes to list "emissions from coal combustion" under California's Proposition 65
Posted on 1 Aug 2013 by Thomas H. Clarke, Jr.

OEHHA, the State regulatory agency overseeing the administration of Propositon 65, has announced its intent to list "emissions from the combustion of coal" as a carcinogen. See http://www.oehha.ca.gov/prop65/CRNR_notices/admin_listing/intent_to_list... Read More

Revisions to Key Definitions in Virginia Air Pollution Program Add Flexibility
Posted on 20 Oct 2015 by Williams Mullen

By Henry R. "Speaker" Pollard, V , Partner, Williams Mullen Changes to Virginia’s air program that recently took effect offer greater flexibility for manufacturers, electric utilities, and other major sources of air pollutants. These... Read More

Ohio EPA Seeks Early Stakeholder Input on Sulfur Dioxide Rules
Posted on 30 Mar 2015 by Steptoe & Johnson PLLC

Ohio EPA is seeking early stakeholder input[1] on potential amendments to Ohio’s sulfur dioxide regulations as part of the five-year rule review process mandated by ORC §119.032, [ enhanced version available to lexis.com subscribers ]. The... Read More

EPA Issues First National Standards for Mercury Pollution from Power Plants
Posted on 28 Dec 2011 by LexisNexis Environmental Law Community Staff

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... Read More

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?
Posted on 31 Jul 2015 by J. Wylie Donald

By J. Wylie Donald The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS Rule. Until... Read More

Cadwalader Clients & Friends Memo: Recent Developments in Regulating Greenhouse Gas Emissions
Posted on 25 Jul 2013 by Cadwalader, Wickersham & Taft LLP

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.... Read More

Michigan v. EPA – Setting the Stage for The Clean Power Plan and WOTUS
Posted on 25 Aug 2015 by Steptoe & Johnson PLLC

On June 28, 2015, the U.S. Supreme Court filed its 5-4 ruling on the challenge to US EPA Mercury Air Toxics (MATS) rule. Michigan, et al. v. Environmental Protection Agency, et al., No. 14-46 . http://www.supremecourt.gov/opinions/14pdf/14-46_10n2.pdf... Read More

U.S. Supreme Court Invalidates EPA’s Regulation of Mercury from Power Plants
Posted on 3 Aug 2015 by Gabrielle Sigel

On June 29, 2015, the U.S. Supreme Court reversed, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the U.S. Court of Appeals for the D.C. Circuit, [subscribers can access an enhanced version of this opinion: lexis... Read More