LexisNexis® Legal Newsroom
U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought by eight states seeking to limit the companies'...

Because some ships may be less carbon intensive than others, customers can influence emissions

"If the shipping industry were a country, it would be the sixth-biggest industrial carbon emitter in the world. Whereas big countries have plans for cutting emissions, shipping does not. The UN climate talks in Cancún are unlikely to change that. But customers, who indirectly pay for shipping...

California sets forth indicators of disproportionate impacts of climate change on environmental justice communities

To assist Cal-EPA with the examination of potential environmental justice concerns associated with climate change, Cal-EPA requested the Office of Environmental Health Hazard Assessment (OEHHA) [best known for its role in setting drinking water related Public Health Goals and in overseeing much of the...

Looking Forward and Looking Back - Some Climate Change Response Perspectives and Predictions

By J. Wylie Donald, Partner, English & McCarter Another year done, another time to look back and to look forward. In the climate change space, the increasing tempo of regulation was halted, but that does not mean that there were not significant events. We catalog a few with accompanying predictions...

Movement of corals around Japan provides evidence of global warming

Prior posts have noted that in terms of ascertaining evidence of global warming, it may be worthwhile to assess the numerous studies of various potential indicators (e.g., migration patterns, drought, relocation of biota). Add another indicator. A new study of reefs around Japan reveals that a handful...

Assessment of preliminary data indicates that 2010 ties record for warmest year

NASA and the National Oceanic and Atmospheric Administration released their analyses of global surface temperature data for 2010. Both found that 2010 was slightly warmer than 2005, but that the difference was not statistically significant. Combined land and ocean surface temperatures across the globe...

Some aircraft designers think outside the box to improve efficiency

Concern has been expressed in recent years over the contribution of aircraft to GHG emissions. Some airlines have gotten favorable publicity for experimenting with bio-derived fuels. But, what if aircraft were to target reducing fuel consumption by half, or more. That will require some radical rethinking...

Data from crop trials demonstrates threat climate change poses to crops

Serendipity has helped more than a few scientists with insights and discoveries. Researchers were chatting, and realized that data from work one of them was focused upon various crop trials spread across southern and eastern Africa, if correlated with local weather conditions (other than drought), could...

Trees damaged by bark beetles slow their uptake of CO2 for up to a century

As noted in prior posts, bark beetles damage large forest areas, often killing or causing the death of 50% to 80% of mature trees. As these trees decompose, they release CO2, adding to the atmospheric burden of GHG's. New research has identified additional climate repercussions from beetle outbreaks...

Marten Law: Under Attack, EPA Defers Greenhouse Gas Permitting for Biomass Projects

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-and possibly exempt-greenhouse gas permitting...

United States Supreme Court Reverses Second Circuit Decision that Permitted States’ Lawsuits Over Greenhouse Gases

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 unanimously reversed a Second Circuit U.S. Court of Appeals ruling that allowed five states to pursue lawsuits under the Clean Air Act (CAA) that sought court-imposed limits on the greenhouse gas (GHG) emissions discharged by a number...

Today's Supreme Court Decision in AEP v. Connecticut

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse gas emissions because they were a public nuisance...

Podcast - Legal News - Supreme Court Holds Clean Air Act and EPA Trump State Nuisance Lawsuits - AEP v. Connecticut

The U.S. Supreme Court reverses a 2nd Circuit ruling allowing states' lawsuits over greenhouse gas emissions, and the high court reverses certification of a WalMart gender class. Listen to the third story on the podcast for this historic greenhouse gas emissions decision, and also hear other stories...

Columbia Law School Center for Climate Change Law: New York Passes Innovative Financing Mechanism for Improving Building Energy Efficiency

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP On June 22, 2011, the New York State Legislature passed The Power NY Act of 2011 (A. 8510/S. 5844) (PNY Act).[1] Governor Cuomo is expected to sign it. The new law, once enacted, would do two very important things: (1) provide...

Columbia Law School Center for Climate Change Law: Environmental Impact Analysis and the Keystone XL Pipeline Project

On June 6, 2011, the Environmental Protection Agency (EPA) issued its latest comments and rating on the State Department's Supplemental Draft Environmental Impact Statement (SDEIS) for the Keystone XL project, a major new oil pipeline being developed by Transcanada, a Canadian firm, that would, if...

Acidification of Oceans May Affect the Brains of Fish

Yesterday's post noted some of the adverse consequences that are likely to arise from acidification of oceans. Another recent study shows that such acidification can influence the behavior of fish because of impacts on their brains; the response of nerve cells can be reversed as acidifying seawater...

Obama Administration Finalizes Historic 54.5 mpg Fuel Efficiency Standards

Consumer Savings Comparable to Lowering Price of Gasoline by $1 Per Gallon by 2025 WASHINGTON, DC - The Obama Administration has finalized groundbreaking standards that will increase fuel economy to the equivalent of 54.5 mpg for cars and light-duty trucks by Model Year 2025. When combined with previous...

Another maxim bites the dust: Isolated coral reefs can recover from bleaching

Stony corals that are reef-building corals (also known as Hermtypic corals [see http://en.wikipedia.org/wiki/Hermatypic_coral ]) require algae from the genus Symbiodinium [see http://en.wikipedia.org/wiki/Symbiodinium ] to be in a healthy condition. The loss of these intracellular Symbiodinium from the...

Can addressing air pollution decrease global warming? You betcha

Prior posts have noted the adverse health impacts from small particles, often referred to generally as PM10 and/or PM2.5. Prior posts have also noted the adverse impact of soot on global warming, which because it is black and absorbs heat warms up the atmosphere and whatever it is coating (e.g., glaciers...

Jenner & Block: New Guidance On Social Cost Of Carbon

By E. Lynn Grayson , Partner, Jenner & Block The Interagency Working Group on Social Cost of Carbon - a multiple federal agency initiative - has issued new guidance on the social cost of carbon to estimate the climate benefits of any rulemakings or other federal actions. Regulators are now assuming...

Cadwalader Clients & Friends Memo: Recent Developments in Regulating Greenhouse Gas Emissions

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. Environmental Protection Agency (“EPA”...

EPA Excludes Carbon Dioxide Waste Streams from RCRA - A (Very Small) Step Forward for CCS

By J. Wylie Donald The Congress may be dysfunctional but the administrative agencies are still moving the ball. A case in point is last month's Christmas present from EPA to the carbon capture and storage community. On December 17 EPA issued its final rule , Hazardous Waste Management System...

EPA Proposes First Carbon Emissions Limits for Power Plants

On June 2, 2014, the U.S. Environmental Protection Agency announced its Clean Power Plan, which would impose the first federal limits on carbon-dioxide (CO 2 ) emissions from power plants in the United States.[1] The proposed rules, which the EPA published pursuant to Section 111(d) of the Clean Air...

State Impacts of the Environmental Protection Agency's Clean Power Plan Rule

By Teresa Kim Schmittberger The Environmental Protection Agency ("EPA") has proposed the new Clean Power Plan Rule, which has been touted as President Obama's most significant environmental proposal to date. The main goal of the Clean Power Plan Rule is to cut carbon dioxide emissions...

Clean Power Plan Published; Appeals Period Begins

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. Court of Appeals in the District of Columbia Circuit...