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Global Warming: There are Reasonable, Cost-Effective Steps that Can Slow the Temperature Rise, but They May Be Rendered Moot by Massive Increases in CO2

First, some good news. Prior posts have noted repeatedly the key role that methane plays in global warming (the longterm trend in temperature, not seasonal or annual variations). Prior posts have also noted the role that particulates-aerosols play in global warming, and their adverse effect on human...

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...

Global Warming: Reasonable, Cost-effective Steps that can slow the Temperature Rise

First, some good news. Prior posts have noted repeatedly the key role that methane plays in global warming (the longterm trend in temperature, not seasonal or annual variations). Prior posts have also noted the role that particulates-aerosols play in global warming, and their adverse effect on human...

U.S. EPA Considering Limiting Self-Disclosure Incentives

By Steven M. Siros, Partner, Jenner & Block Under U.S. EPA's current audit policy, companies that self-disclose environmental violations may be entitled to the elimination or reduction of penalties for non-compliance. However, U.S. EPA recently announced that it is considering limiting the...

State Net Capitol Journal Legislative Updates: Illinois Governor Vetoes Plastic Bag Recycling

ENVIRONMENT: ILLINOIS Gov. Pat Quinn (D) vetoes SB 3442, which would have required plastic bag manufacturers to set up collection and recycling programs and barred local municipalities from establishing their own plans (QUAD-CITY TIMES). • The U. S. Court of Appeals for the District of Columbia...

Federal Appeals Court Strikes Down Cross-State Air Pollution Rule

By Allison Torrence, Associate, Jenner & Block On Tuesday, August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule (the "Transport Rule"). In a 2-1 decision, written by Judge Kavanaugh...

Jenner & Block: EPA Faces Suits Over State Haze Plans As It Awaits Decision On Petition For Rehearing On Cross-State Air Pollution Ruling

By Allison Torrence, Associate, Jenner & Block As discussed previously in this blog, Federal Appeals Court Strikes Down Cross-State Air Pollution Rule , the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule...

EPA Faces Suits Over State Haze Plans As It Awaits Decision On Petition For Rehearing On Cross-State Air Pollution Ruling

By Allison Torrence, Associate, Jenner & Block As discussed previously in this blog, Federal Appeals Court Strikes Down Cross-State Air Pollution Rule , the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule...

Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards

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, ex rel. Ohio Attorney General v. Shelly Holding Co...

Court Denies Rehearing of Decision Overturning CSAPR

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 transport of pollutants emitted by electric generating...

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...

air pollution carbon dioxide emissions

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp ., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013) [ enhanced version available to lexis.com subscribers ], the United States District Court for the Eastern District of Michigan had occasion to consider the application...

Energy and EPA Defend Administration’s Climate Change Approach in Congress

On September 18, 2013, the House Committee on Energy and Commerce's Subcommittee on Energy and Power held a hearing on "The Obama Administration's Climate Change Policies and Activities" in response to the President's Climate Action Plan released on June 25, 2013. The Subcommittee...

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants

On September 20, 2013, U.S. EPA rescinded its first attempt and proposed new rules to establish New Source Performance Standards (NSPS), i.e. , national emission limits, for carbon dioxide (CO 2 ) emitted from new electric power plants. EPA's proposed approach is to set different limits, and different...

smokestack polluting plant

Utah Gov. Herbert Names 'Action Team' To Fight Dirty Air

HERBERT NAMES 'ACTION TEAM' TO FIGHT DIRTY AIR: Utah Gov. Gary Herbert (R) announced the creation last week of a new working group tasked with devising solutions to the Beehive State's persistent air pollution problems. The 38-member panel, dubbed the Clean Air Action Team, will have until...

air pollution city

Does Preemption Prevent Redress For Homeowners Impacted By Polluters' Air Emissions?

On April 23, 2012, residents of rural Muscatine, Iowa filed a class action lawsuit titled, Laurie Freeman et al. v. Grain Processing Corporation (case no. LACV 021232), in the Iowa District Court for Muscatine County. The defendant, Grain Processing Corporation, is an Iowa manufacturer of corn syrup...

What Price For Clean Air? The EPA’s Golden Rule: No Good Neighbor Goes Unpunished

By Brian H. Potts Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about $10, or $120 a year...

RACT Rulemaking Expected to Impact Major Sources of NOx and VOC Emissions in Pennsylvania

Proposed regulatory amendments published on April 19, 2014 are likely to affect hundreds of facilities in Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) has estimated that 141 sources will need to install additional pollution control equipment under the proposal. In addition...

Supreme Court Reverses Ruling Giving States Second Chances At Emissions Plans

WASHINGTON, D.C. — (Mealey’s) In a 6-2 ruling, the U.S. Supreme Court on April 29 reversed a District of Columbia Circuit U.S. Court of Appeals decision that states are excused from adopting implementation plans prohibiting emissions that “contribute significantly” to air pollution...

Clean Air Court Win For US Environmental Protection Agency

The US Environmental Protection Agency has won an important court victory that may help clean the air in Ontario. About half of the air pollution in southern Ontario blows in from the US, mostly from coal-fired power generation stations. The EPA has been trying, for many years, to force those stations...

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...

Federal Government Proposes New Air Pollution Regulations

The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired...