Energy and Environment Update - January 11, 2011


In This Issue:

Energy and Climate Debate:

The Environmental Protection Agency’s much-anticipated regulations for power plants and large industrial emitters took effect January 2nd across the country, save for Texas, which was granted a temporary delay just days before implementing the first-time requirements under a ruling by the U.S. Circuit Court for the District of Columbia. Under the federal climate rules, the largest new and modified facilities are now required to use the best available technology to limit their greenhouse gases (GHGs).

All states but Texas, including 12 others that have filed separate challenges to the regulations, have implemented the new rules already or worked out a deal with the Environmental Protection Agency (EPA) to ensure that businesses can apply for permits. Without federal intervention, the EPA said last Thursday in a filing with the District of Columbia Circuit court, large projects in Texas will be unable to obtain valid permits.

Congress: Legislation Introduced and Senators Seek E15 Advice

Department of Agriculture: $75 Million Loan Guarantee for Waste to Energy

Department of Defense: Energy Independence Prioritized

Department of Interior: Thirteen NEPA Reviews Waved

Environmental Protection Agency: Sierra Club Requests Boiler Extension Rejection; Petroleum Groups Sue Over Ethanol Rule; and New Ethanol Labels Proposed

Federal Energy Regulatory Commission: Smart Grid Conference Scheduled

Miscellaneous: CCX Closes Cap and Trade System; California Postpones Green Chemistry Rules; Fifth Brazilian State to Enact Climate Law; Virginia Plant Approved; Pennsylvania Utility Announces Pricing Plan; North Carolina Delays GHG Regulations; China Reduces Energy Use; and Yard Trim Ban Protection Sought.

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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