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...
By Russell Prugh , Associate, Marten Law PLLC “Congressional legislators in both houses have recently proposed bills to delay or block EPA from regulating greenhouse gases (GHGs) under the Clean Air Act (CAA) and other environmental laws. A growing, bipartisan group of legislators are supporting...
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.:...
By Marc Karell, Founder and Principal, Climate Change & Environmental Services Earlier this year the World Resources Institute and other organizations issued a report providing ways for the federal government to implement a cap and trade program to reduce greenhouse gas (GHG) emissions independent...
By Svend Brandt-Erichsen, Partner, Marten Law PLLC "An administrative hearings board in Washington State has rejected calls for further assessment of climate impacts from a cogeneration project that will burn woody biomass to generate electricity and steam," writes Svend Brandt-Erichsen...
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...
On this edition, Steven G. Jones of Marten Law in Seattle discusses the U.S. Supreme Court's June 20 decision in American Electric Power Co. v. Connecticut. He reviews the elements of the Second Circuit's ruling that were addressed by the Court, and examines the potential implications of the...
By Dustin Till, Associate, Marten Law Group PLLC "The U.S. District Court for the District of Columbia recently dealt another blow to advocacy groups attempting to compel federal action on climate change via common law causes of actions. In Alec L. v. Jackson, 2012 U.S. Dist. LEXIS 75791 (D...
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...
BUT CAN THEY DO SOMETHING ABOUT THE HUMIDITY? Speaking of North Carolina, who knew the worst thing about global warming is that it might be bad for business? As the Los Angeles Times reports, things started when a Tar Heel State commission reported that ongoing climate change could cause North Carolina's...
Steps to streamline process will ease burden on state and local permitting authorities WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that it will not revise greenhouse gas (GHG) permitting thresholds under the Clean Air Act. Today's final rule is part of EPA's...
Last Friday, the U.S. Court of Appeals for the Ninth Circuit held that the federal common law claim of public nuisance for global warming by greenhouse gases by the Alaskan Village of Kivalina was displaced by the Clean Air Act and Environmental Protection Agency regulations. "Our conclusion obviously...
On October 7, 2013, when the Supreme Court of the United States announced a number of procedural decisions regarding which cases it would review, there was a conspicuous absence from the list: Coalition for Responsible Regulation v. EPA, 684 F. 3d 102 (DC Cir 2012) [ enhanced version available to lexis...