Cliff Rothenstein

Cliff Rothenstein

K&L Gates LLP

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Rules for Rail Transport of Crude Oil and Ethanol Still a Work in Progress

In response to rail accidents over the past several years involving crude oil and ethanol, the U.S. Department of Transportation (“DOT”) has been working with industry stakeholders and the National Transportation Safety Board...more

8/5/2014 - DOT Ethanol Hazardous Substances NTSB Oil & Gas Oil Spills PHMSA Railroads Railways Safety Precautions Trucking Accident

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more

6/26/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

EPA Proposes Major Reductions in Greenhouse Gas Emissions from Existing Power Plants Affecting Everyone Who Produces and Uses...

Last year, we reported on President Barack Obama’s Climate Action Plan[1] (“Plan”) and his directive to the U.S. Environmental Protection Agency (“EPA”) to push forward with rulemaking to reduce carbon dioxide (“CO2”)...more

6/25/2014 - Carbon Emissions EPA Greenhouse Gas Emissions Power Plants SCOTUS Utilities Sector Utility Air Regulatory Group v EPA

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS Transport Rule

EPA Proposes Strict Greenhouse Gas Emissions Standards On New Electric Utilities

The United States Environmental Protection Agency (EPA) has proposed New Source Performance Standards (NSPS) that would set carbon dioxide (CO2) emission limits for certain new fossil-fueled electric utility generating units...more

10/3/2013 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions

President’s Climate Plan - Real policy change or another political dogfight in Washington

On June 25, President Obama announced an ambitious plan to reduce greenhouse gas (GHG) emissions and address climate change making good on a promise he made six months ago in his State of the Union Address when he said: “If...more

6/27/2013 - Barack Obama Climate Change Coal Energy Efficiency Energy Policy EPA Greenhouse Gas Emissions Natural Gas Proposed Legislation Renewable Energy

EPA Tightens Air Regulations for Emissions During Shutdown, Startup and Malfunction

Introduction - Of particular concern to electric utilities and other major sources operating under Title V permits, on February 12, 2013, the U.S. Environmental Protection Agency (“EPA”) initiated steps under the Clean...more

3/14/2013 - Clean Air Act EPA Exemptions SIP SSM Periods

EPA Proposes Revisions to the Renewable Fuel Program to Prevent Fraud and Protect Innocent Traders in Renewable Identification...

Introduction - In 2007, the Environmental Protection Agency (“EPA”) established a program for trading renewable fuel credits (called “Renewable Identification Numbers” or “RINs”) for companies that were unable to produce...more

2/25/2013 - EPA Fraud Renewable Fuel Standard RINs

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