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Treatment of Greenhouse Gases Under the Clean Air Act

By Carol E. Dinkins and Eric Groten, Partners, Vinson & Elkins; General Editor Bradley M. Marten In the absence of federal climate change legislation, questions about whether and how greenhouse gases may be regulated under the Clean Air Act (CAA) have never been more pressing. This pamphlet discusses...

Marten Law: Solicitor General Sides With Utilities, Asking Supreme Court to Block Common Law Climate Change Lawsuit

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...

Columbia Law School Center for Climate Change Law: The Climate Battle Continues - Two Senate Bills Seek to Block EPA Regulation of Greenhouse Gases

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...

D.C. Circuit upholds California's GHG law against challenge, finding that the U.S. Chamber and NADA both lacked standing

Prior posts have followed the development of California's greenhouse gas law. The U.S. Chamber of Commerce challenged EPA's 2009 waiver which allowed California to regulate GHG emissions. In Chamber of Commerce of the United States et al v. EPA et al , 2011 U.S. App. LEXIS 8685 (D.C. Cir.:...

Climate Change a Breach of Public Trust?

By Dianne Saxe, Attorney Attorneys representing groups of one or more children and young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide...

More on the American Electric Power Decision

By Jonathan Wells , Senior Associate, Alston & Bird LLP The United States Supreme Court has ruled that federal courts cannot use the federal common law of nuisance to regulate greenhouse gas emissions. In American Electric Power v. Connecticut, No. 10-174, 540 U.S. ___ (2011), the Court reversed...

EPA Endangerment Finding, Tailpipe, Timing and Tailoring Rules for Greenhouse Gas Emissions Under Clean Air Act Upheld

WASHINGTON, D.C. - (Mealey's) A panel of the District of Columbia Circuit U.S. Court of Appeals on June 26 found that rules and findings by the U.S. Environmental Protection Agency that regulate greenhouse gas emissions from cars, light trucks and large, stationary emission producers are neither...

Climate Change at the US EPA Region 2 Conference

On Thursday May 29th, the eleventh biennial conference on key and emerging environmental issues in the EPA Region 2 area was held at Columbia Law School. This teeming conference consisted of four panels, each on separate yet correlated environmental topics around New York, New Jersey, Puerto Rico and...

Methane Emissions from Oil and Natural Gas Production and Use – How Accurate are the Estimates?

During a recent Environmental Law Institute teleconference, the climate change director of the US EPA’s air office cautioned that a better understanding is needed before drawing any conclusions from the top down or atmospheric sampling that was done to determine the level of methane emissions from...

Environmental Protection Agency Releases New Policy Statement on Climate Change Adaptation

The Environmental Protection Agency has released a new Policy Statement on Climate Change Adaptation , building on the last policy statement released by the EPA in June 2011. In the statement, the EPA has developed a more direct, urgent tone in describing the initiatives to be taken in adapting to the...

Annual U.S. Greenhouse Gas Emissions Inventory Shows Increase Since Prior Year and Since 1990

By Gabrielle Sigel As it has since 1994, on April 15 of this year, U.S. EPA published its annual Inventory of U.S. Greenhouse Gas Emissions and Sinks. The Inventory tracks greenhouse gas ("GHG") emissions from man-made sources, by year, starting in 1990. The Inventory began as part of...

EPA Focuses on Methane Leaks as Climate Change Takes Center Stage

In the September 2015 edition of the US EPA’s Compliance Alert, EPA reported that it and state investigations had identified Clean Air Act compliance concerns regarding significant emissions from storage vessels, such as tanks or containers, at onshore oil and natural gas production facilities...