Recent Posts

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

Federal Government Proposes New Air Pollution Regulations
Posted on 25 Jun 2014 by Dianne Saxe

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... 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

The Constitutional Foundation for the Clean Power Plan
Posted on 16 Apr 2015 by Columbia Law - Sabin Center for Climate Change Law

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... Read More

Possible Shift of Perspectives on Breadth of NEPA Review; CEQ's Draft Greenhouse Gas Guidance
Posted on 29 Jun 2015 by Duane Morris LLP

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... 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

Supreme Court Rejects Premise For GHG Tailoring Rule, But Largely Maintains EPA’s Authority To Set GHG Emission Limits
Posted on 6 Aug 2014 by DLA Piper

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... 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

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

Supreme Court Ruling Means Some Facilities Will No Longer Trigger Greenhouse Gas Permitting Requirements
Posted on 23 Jul 2014 by Babst Calland

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... 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

Obama To Slash Emissions From Power Plants
Posted on 23 Jun 2014 by Dianne Saxe

The U.S. Environmental Protection Agency (EPA) has released its long awaited proposed greenhouse gas (GHG) emission standards to slash carbon emissions from existing power plants, the largest industrial source of GHG emissions in the US. The rule, if... Read More

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions
Posted on 7 Jul 2011 by Thomas H. Clarke, Jr.

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... Read More

Marten Law: Higher Fuel Efficiency Standards Proposed For Medium and Heavy-Duty Trucks to Reduce Greenhouse Gas Emissions
Posted on 30 Nov 2010 by amoir

By Alyssa Moir, Marten Law Group PLLC In this Emerging Issues Commentary, Alyssa Moir writes that the Environmental Protection Agency (EPA) and the National Highway Transportation Safety Administration (NHTSA) have jointly proposed the first-ever... Read More

OMB Begins Review of EPA Proposals to Curb Methane Emissions, Define Major Source
Posted on 3 Aug 2015 by Babst Calland

By Meredith Odato Graham In late June the U.S. Environmental Protection Agency (EPA) sent a highly-anticipated proposed rule to the White House Office of Management and Budget (OMB) for interagency review that would address methane emissions in the... Read More