Recent Posts

EPA Revises Its Regulatory Agenda, A Flurry of Activity Expected in the Next Few Months
Posted on 16 Jul 2015 by Jenner & Block Corporate Environmental Lawyer

Last week, the EPA-specific listing on the website of the Office of Information and Regulatory Affairs was updated with timelines on the EPA’s regulatory efforts. Of potential interest, in chronological order of expected release, are the following... Read More

EPA Floats Proposed New Enforcement Initiatives for 2017 – 2019
Posted on 16 Nov 2015 by Steptoe & Johnson PLLC

The US EPA has proposed its National Enforcement Initiatives (“NEI”) for calendar years 2017 through 2019. US EPA develops a set of NEI every three years, focusing federal resources on industries with noncompliance issues on a regional or... Read More

States Should Think Twice Before Refusing Any Response to EPA’s Clean Power Rules
Posted on 14 Apr 2015 by Columbia Law - Sabin Center for Climate Change Law

The date is approaching for EPA to finalize its rules for controlling carbon dioxide emissions from existing power plants, and states are contemplating their responses to those rules. A number of commentators have recommended that states “just say... Read More

Composition of diesel exhaust varies with engine loading, producing differential health impact characteristics from the emissions
Posted on 2 Aug 2011 by Thomas H. Clarke, Jr.

As noted in several prior posts, the study of the impact on diesel exhaust has focused on the PM10 and PM 2.5 profiles of the emissions. Recently, researchers argued that this view is too simplistic, and present an interesting study in support of their... Read More

Marten Law: Under Attack, EPA Defers Greenhouse Gas Permitting for Biomass Projects
Posted on 15 Jun 2011 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC "With its greenhouse gas regulatory program under attack from Congress, and facing significantly reduced funding for climate change programs, EPA has proposed new rules that will temporarily defer... Read More

Full-Scale CCS Project Put on Hold by AEP
Posted on 8 Aug 2011 by Patrick Greissing

By Patrick Greissing, Alston & Bird LLP Carbon capture and storage (CCS) has been deemed a technology that can help fight climate change and reduce greenhouse gas emissions; however, it has had trouble getting off the ground. The cost of CCS,... Read More

Major Changes Proposed for Shale Gas Fracking
Posted on 25 Aug 2011 by Dianne Saxe

By Dianne Saxe, Ontario Environmental Lawyer Advisors to US Energy Secretary, Stephen Chu, have recommended major changes to improve regulation and environmental performance of shale gas fracturing (fracking) in the US. Public consultation is continuing... Read More

Property Assessed Clean Energy (PACE) Financing: Recent Controversy and Litigation
Posted on 29 Nov 2011 by J. Cullen Howe

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP There is a continuing controversy over Property Assessed Clean Energy (PACE) financing, which provides loans for improving energy efficiency in buildings. Property Assessed Clean... Read More

EPA Proposes New Methane Emission Rules
Posted on 17 Sep 2015 by Duane Morris LLP

The U.S. Environmental Protection Agency (EPA) has taken another step in its bid to address climate change by issuing proposed rules aimed at reducing methane emissions.[1] By their nature, the proposed rules will predominantly impact the oil and natural... Read More

Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards
Posted on 10 Jan 2013 by Babst Calland

The Ohio Supreme Court has ruled that a reference method stack test showing that an air contaminant source is exceeding emission standards creates a rebuttable presumption that the source is in continuing noncompliance with emission standards, State,... Read More

Court Denies Rehearing of Decision Overturning CSAPR
Posted on 19 Feb 2013 by Troutman Sanders

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate... 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

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