LexisNexis® Legal Newsroom
Marten Law: CEQ Marks 40th Anniversary of NEPA With New Guidance on Greenhouse Gas Impacts, Mitigation and Categorical Exclusions

"Marking the 40th anniversary of the National Environmental Policy Act (NEPA), the White House Council on Environmental Quality (CEQ), has issued three draft guidance documents in a campaign to 'reinvigorate' the workings of the Act," report Svend Brandt-Erichsen and Dustin Till...

Marten Law: EPA Proposes to Require Oregon, Idaho, Alaska and Ten Other States to Update Clean Air Act Permitting Programs to Address Greenhouse Gas Emissions

By Dustin Till, Associate, Marten Law Group PLLC “The Environmental Protection Agency is taking more steps to implement its greenhouse gas Tailoring Rule, which will restrict emissions from new and modified large stationary sources such as power plants and petroleum refineries beginning January...

Treatment of Greenhouse Gases Under the National Environmental Policy Act

By Jeffrey A. Thaler and Dustin T. Till; General Editor Bradley M. Marten Given the absence of comprehensive, economy-wide regulation of greenhouse gas emissions, the National Environmental Policy Act (NEPA) and its state-level counterparts have been on the frontline of the climate change fight....

Marten Law: California Unveils Nation's First Economy-Wide Cap-and-Trade Program

By Dustin Till, Associate, Marten Law Group PLLC In this Emerging Issues Commentary, Dustin Till writes that On October 29, 2010, a few days before voters went to the polls to decide whether to shelve California's trend-setting global warming law, the California Air Resources Board (CARB) issued...

Marten Law: Renewable Energy Standards--California and Congress Moving in Different Directions

By Dustin Till, Associate, Marten Law Group PLLC “California and Congress seem to be headed in opposite directions on climate policy this year. California has expanded its renewable portfolio standard (RPS), meaning public and private utilities must now acquire up to a third of their energy...

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...

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 , addressing the interstate transport of...

Environmental Protection Agency Publishes Interstate Air Pollution Rule for Power Plants

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR 48208 , addressing the interstate transport of sulfur...

Cap-and Trade War Coming Our Way

By Robert F. Lawrence, Partner, and Dustin Till, Associate, Marten Law Cap and trade is a market-based framework under which aggregate emissions are capped and regulated businesses must obtain (through government allocations, auctions, or secondary trades) an allowance for each ton of greenhouse...

Marten Law: Climate Change Ushers in New Era of Uncertainty for Water Resource Management

By Douglas MacDougal and Dustin Till, Marten Law PLLC Excerpt: Scientists are seeing more climate change impacts on water availability-particularly in those areas dependent upon glacial and snow meltwater for agriculture. As water becomes available at different times of the year (or grows more scarce...

Marten Law: Previewing Legal Challenges to Cap-and-Trade

By Robert F. Lawrence, Dustin Till and Svend Brandt-Erichsen, Matren Law PLLC Excerpt: California's greenhouse gas (GHG) cap-and-trade program is due to be finalized within a few weeks, over widespread opposition and concern about its effects on California's economy. Looking forward, California...

Marten Law: Challenges to EPA's Controversial Cross-State Air Pollution Rule Move Forward

By Dustin Till In this Emerging Issues Analysis, Dustin Till reviews the EPA's attempt to regulate emissions from power plants in "upwind" states based upon allegations that air quality in "downwind" states is affected. The EPA's controversial Cross-State Air Pollution Rule...

Marten Law: Climate Change Lawsuits Get Chilly Reception

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...