Seth Jaffe

Seth Jaffe

Foley Hoag LLP

Contact  |  View Bio  |  RSS

Latest Posts › Carbon Emissions

Share:

Still Using Economic (and Safety) Arguments to Reduce Greenhouse Gas Emissions: Massassachusetts Enacts Gas Leak Legislation

As I noted last year, there has been a concerted effort on the part of those fighting climate change to emphasize economic issues in connection with their policy proposals. That post concerned Senator Markey’s efforts to...more

7/14/2014 - Carbon Emissions Environmental Policies Greenhouse Gas Emissions

More on EPA’s GHG Rule: I Am NOT Going To Set Odds on Whether the Rule Would Survive Judicial Review

Last week, in posting about EPA’s Clean Power Plan, I noted that some potential plaintiffs might face standing obstacles in seeking to challenge the rule, assuming it is promulgated as proposed. Today, I take a (very)...more

6/12/2014 - Carbon Emissions Clean Power Plan Energy Environmental Policies EPA Greenhouse Gas Emissions Power Plants

EPA May Be Regulating GHGs, But Private Litigation Still Looks to be On Shaky Ground

In a case of interesting timing, three days after EPA announced its proposed GHG rules for existing facilities, the D.C. Circuit affirmed dismissal of a case seeking an injunction against EPA and other federal defendants...more

6/9/2014 - Air Pollution Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Public Trust Doctrine

EPA’s GHG Rule: The Really Big Picture View

As some folks may have heard, EPA proposed emission guidelines for GHG emissions from existing generating units on Monday. Obviously, the rule is a little too complicated to summarize in one blog post, though I’ll try to post...more

6/5/2014 - Carbon Emissions Environmental Policies EPA Greenhouse Gas Emissions Power Plants

The RGGI Annual Report for 2013: Do We Finally Have a Real Market for Allowances?

Potomac Economics has released the Annual Report on the Market for RGGI CO2 Allowances for 2013. Based on the data in the report, it appears that a functioning market for CO2 allowances is finally developing. What’s the...more

5/22/2014 - Carbon Emissions Emissions Trading System Energy RGGI

What’s the Difference Between ExxonMobil and Shell When It Comes To Climate Change? What’s A Trillion Tons (or Tonnes) Among...

Earlier this week, I posted about ExxonMobil’s shareholder disclosure. The bookend to ExxonMobil’s disclosure is the release of the Trillion Tonne Communique by the Prince of Wale’s Corporate Leaders Group. The Communique...more

4/14/2014 - Carbon Emissions Climate Change Exxon Mobil

ExxonMobil Admits Climate Change Is Real. It also Imposes an Internal Cost on Carbon. Still Not Enough to Get Any Love From the...

Last week, in response to shareholder requests that it disclose information regarding how climate change might affect it in the future, ExxonMobil released two reports, one titled Energy and Climate, and one titled Energy and...more

4/7/2014 - Carbon Emissions Climate Change Exxon Mobil Oil & Gas

EPA May Rely — In Part — on Projects Funded Under the Energy Policy Act to Justify the Greenhouse Gas NSPS. That’s Its Story and...

As those following EPA’s efforts to promulgate NSPS for greenhouse gas emissions from new fossil fuel-fired electric generating plants know, EPA has come under fire for basing its proposal on demonstrations of feasibility at...more

2/10/2014 - Carbon Emissions Energy Energy Policy EPA Greenhouse Gas Emissions Oil & Gas Power Plants

EPA Is Not a “Bogeyman” According to a Sierra Club Poll: I’m Sure That Will Comfort Nervous Senate Democrats

The Sierra Club released a poll yesterday showing substantial support for EPA’s efforts to regulate carbon emissions from power plants. The poll was conducted by Greenberg Quinlan Rosner Research, whose representative,...more

2/5/2014 - Carbon Emissions EPA Power Plants Sierra Club

Governor Patrick Announces Climate Change Preparedness Initiatives: Not Everyone’s On Board

On Tuesday, Governor Patrick announced a series of climate change preparedness initiatives, including about $50 million in funds for a variety of programs. Before summarizing the plan, I’ll note that Massachusetts appears to...more

1/16/2014 - Carbon Emissions Climate Action Plan Climate Change Disaster Preparedness Environmental Policies Greenhouse Gas Emissions

EPA’s Proposed NSPS Rule for GHGs Is Finally Published in the Federal Register; I’m Still Skeptical

EPA’s Proposed New Source Performance Standards for greenhouse gas emissions from new sources was finally published in the Federal Register on Wednesday. At least fundamentally, it seems unchanged from the proposal released...more

1/10/2014 - Carbon Capture and Sequestration Carbon Emissions Environmental Policies EPA Greenhouse Gas Emissions Oil & Gas

Just a Hiccup or a Major Obstacle? EPA Science Advisory Board Work Group Recommends that the SAB Review the Science Behind EPA’s...

I have posted numerous times in recent years on the importance of the views of EPA’s own science advisors in judicial determinations whether EPA regulatory actions are arbitrary and capricious. With few exceptions, courts...more

12/9/2013 - Carbon Emissions Environmental Policies EPA Greenhouse Gas Emissions

EPA Issues Revised Draft NSPS for Carbon Emissions From New Power Plants: It’s All About Technology Forcing

Last Friday, EPA reissued its draft NSPS addressing carbon emissions from new power plants. It’s not actually that different from the prior proposal, which would have required all new fossil-fuel plants to meet a 1,000 lbs...more

9/24/2013 - Carbon Emissions Climate Change Energy Policy EPA Greenhouse Gas Emissions Power Plants

Integrated Assessment Models of the Social Cost of Carbon: False Precision Is More False Than Precise

For those who both believe in the reality of climate change and dream of a day when Congress might get past gridlock and address the issue, the critical question is how to price carbon emissions to reflect the external costs...more

8/23/2013 - Carbon Emissions Climate Change Greenhouse Gas Emissions

One Step At A Time Is Just Too Late: The DC Circuit Strikes Down EPA’s Deferral of GHG Regulation of Biomass Emissions

On Friday, in Center For Biological Diversity v. EPA, the D.C. Circuit Court of Appeals struck down EPA’s rule deferring regulation of GHG emissions from “biogenic” sources. ...more

7/15/2013 - Biomass Carbon Emissions Clean Air Act EPA Greenhouse Gas Emissions

The President Issues His Climate Action Plan: Not Much Mention of Congress

President Obama yesterday released his Climate Action Plan, together with a Memorandum concerning EPA’s issuance of rules governing carbon emissions from new and existing power plants under the Clean Air Act. At a certain...more

6/26/2013 - Barack Obama Carbon Emissions Clean Air Act Climate Change EPA Power Plants

16 Results
|
View per page
Page: of 1