Carbon Emissions

News & Analysis as of

Blue vs. Grey Over Green in Murray v. EPA; Cross-Border Rule Goes Ahead

As I posted earlier, in Murray, et al v. EPA , plaintiff Murray Energy Corporation seeks to enjoin EPA's Clean Power Plan rule even before it has been issued as a Final Rule. The Clean Power Plan proposes to regulate the...more

The Obama Clean Power Plan Nuclear Gap

If we want to arrest climate change, all we need are more renewables like wind and solar, right? Not exactly, according to a newly published Canadian report from Hatch Ltd. on lifecycle greenhouse gas emissions (“GHG”). The...more

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more

MiFID II: Commodity Derivatives and Emissions

MiFID II is the latest piece in a package of European and global reforms impacting commodity derivatives and emissions traders, drawn up in response to concerns as to excessive speculation and volatility in the commodities...more

Exemptions for Excess Emissions During Startup, Shutdown, and Malfunction Are In Jeopardy – What Can You Do?

For many years, a number of state air regulations, including certain MEDEP, NHDES, and RIDEM regulations, have contained exemptions and/or affirmative defenses for excess air emissions occurring during startup, shutdown...more

We Need a Smarter, Greener Grid, But How?

There is no denying that the U.S. electrical grid is in need of replacing, but the route to achieving that goal is unclear. The EPA added another curve in June 2014 with its proposed and highly controversial Clean Power Plan,...more

Carbon and Climate Continue to Create Controversy

Late last month, President Obama addressed the United Nations Climate Summit and just a few days ahead of that, EPA announced that it has extended the comment period on the Clean Power Plant proposed rule to December 1, 2014....more

Alaska Supreme Court Opens the Door for Alternative Theory in Public Trust Litigation

As this blog has discussed on several prior occasions, Our Children’s Trust, an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere. While...more

NextEnergy: Incubating Technology for Tomorrow's Homes and Cars

Two major forces are reshaping the cars that people will drive in coming years: the push to create a smarter (and eventually, even an autonomous) car, and the push for better fuel efficiency. Smarter cars are seen as a way to...more

ML Strategies Energy & Environment Update: Week of 9/23/2014

Energy and Climate Debate - Congress has recessed until after the November elections, and we turn our attention this week to energy and climate issues on the Administration and international fronts....more

House Energy and Commerce Subcommittee Considers State Perspectives on EPA’s Clean Power Plan

On Tuesday, September 9, the House Energy & Commerce Subcommittee on Energy and Power discussed the Environmental Protection Agency’s (EPA’s) Clean Power Plan Proposed Rule at a hearing titled “State Perspectives: Questions...more

Renewable Energy Update -- September 2014 #2

Renewable Energy Focus - Blue and red states going green on energy policy: USA Today - Sep 11: Politically "red" and "blue" states are increasingly turning green as they push energy efficiency and renewable power to...more

EPA Proposes to Eliminate Affirmative Defenses for Excess Emissions During Startups, Shutdowns, or Malfunctions — Get Ready for...

This past April, the D.C. Circuit struck down the part of EPA’s cement kiln rule that would have provided an affirmative defense to civil penalties for excess emissions resulting from unavoidable malfunctions. As we noted at...more

MN PUC Affirms Path of Contentious Litigation for Externalities Value Determination

The MN PUC held a hearing on September 4, 2014, to address the impending investigation of social costs of pollutants under Minn. Stat. § 216B.2422 subd. 3 (known as externalities values). First established in the late 1990s,...more

ABA Endangered Species Committee Releases Newsletter

The Endangered Species Committee within the American Bar Association's Section on Environment, Energy, and Resources recently released its periodic Endangered Species Committee Newsletter. The newsletter includes articles...more

Ninth Circuit Court Of Appeals Rules That Emission Of Locomotive Diesel Particulate Matter Is Not Disposal Under RCRA

In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more

Real Estate Group Newsletter

In this issue: - “United States Environmental Protection Agency Proposes Carbon Dioxide Emissions Limits for Existing Power Plants” - “New York Adopts Rule Allowing Parties to Agree to 'Accelerated...more

Group Of Senators Weigh In On Biogenic Carbon Regulations

On August 7, 2014, a group of nine Democratic Senators led by Senator Tom Harkin (D-IA) sent a letter to the EPA Administrator, Gina McCarthy, on the treatment of biogenic carbon emissions from stationary sources. The other...more

Wrap-Up of Federal and State Chemical Regulatory Developments (August 2014)

IARC Classifies Dichloromethane, Other Substances As Human Carcinogens: In June, an expert panel of the International Agency for Research on Cancer (IARC) concluded that dichloromethane, a chemical substance used to make...more

As Climate Debate Rages On, A New Focus On Methane Emissions

While carbon dioxide emissions have garnered most of the attention in recent months, the Obama administration has also turned its focus to emissions of another greenhouse gas: methane. In March, the administration released a...more

CO2 is Good

In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties. This...more

ML Strategies’ Energy & Environment Update: August 2014

This week, ML Strategies’ Manager of Government Relations, Sarah Litke, highlights the Environmental Protection Agency’s 111(d) Proposed Rule...more

Feds Announce New Loan Guarantees for Clean Energy Projects

The U.S. Department of Energy (DOE) announced a new loan guarantee program in July to facilitate the financing of energy projects in the U.S. that employ innovative and renewable or efficient energy technologies that avoid,...more

EPA Regulation of Greenhouse Gases

The United States Supreme Court ruled in June that the Environmental Protection Agency (EPA) must reduce its authority to regulate greenhouse gas emissions from stationary sources. The EPA tried to increase two of its permit...more

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