News & Analysis as of

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection...more

US Supreme Court considers EPA greenhouse gas emissions regulations

May the U.S. Environmental Protection Agency regulate greenhouse gas emissions from power plants and industry under the Clean Air Act? The Supreme Court of the United States heard oral argument on this issue yesterday,...more

Ninth Circuit Denies Rehearing in Clean Air Act Greenhouse Gas Case

As we discussed in an earlier post, in October 2013 the Ninth Circuit held in Washington Environmental Council v. Bellon, 732 F.3d 1131, that it lacked jurisdiction to hear certain environmental organizations’ challenge to...more

US Supreme Court Briefing of Greenhouse Gas Cases Completed — Oral Argument Scheduled for February 24, 2014

Briefing has just concluded in a matter before the US Supreme Court involving challenges to the suite of greenhouse gas (GHG) cases decided by the US Court of Appeals for the District of Columbia Circuit in June 2012. In...more

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

U.S. Supreme Court Briefing of Greenhouse Gas Cases Underway Oral Argument Scheduled for February 24, 2014

Briefing before the U.S. Supreme Court is currently underway in a matter involving challenges to the suite of greenhouse gas (GHG) cases decided by the U.S. Court of Appeals for the District of Columbia Circuit in December...more

EPA Proposes Approval of TCEQ's Greenhouse Gas Permitting Program

On February 5, 2014, several news outlets reported that the U.S. Environmental Protection Agency ("EPA") handed over permitting authority for greenhouse gases ("GHGs") to the Texas Commission on Environmental Quality...more

Is Carbon Capture and Sequestration the Best or Even an Achievable Control Technology To Reduce Carbon Dioxide Emissions from...

EPA’s proposed greenhouse gas emission standards for new power plants rest on the agency’s finding that carbon capture and sequestration (CCS) technologies are “achievable” and the “best system” for the reduction of carbon...more

EPA Reissues Greenhouse Gas Emission Standards for New Power Plants

The U.S. Environmental Protection Agency (EPA) has re-proposed greenhouse gas (GHG) emission standards for new fossil-fuel power plants, exercising existing authority under section 111(b) of the Clean Air Act. Proposed rule...more

Regulatory Utility Commissioners Seek Role In Development Of EPA Climate Rules

In June, President Obama directed the U.S. Environmental Protection Agency to propose standards regulating greenhouse gas emissions (“GHG”) from existing power plants. The requirements would be imposed under Section 111(d) of...more

New Legislation Would Vacate Proposed Carbon Pollution Standard for New Power Plants

Congressman Ed Whitfield (R-KY.), the chairman of the House Energy and Commerce Committee’s Energy and Power Subcommittee, introduced a bill on October 28, 2013 that would void the U.S. Environmental Protection Agency’s (EPA)...more

Whatever Happened To State Law Carbon Dioxide Liability Claims? Still No Music After Bell

“Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

California Environmental Law and Policy Update - October 28, 2013

Environmental and Policy Focus -- Greenhouse Gas Dispute Dismissed Over Lack of Standing to Sue - CourtHouse News - Oct 17: Environmental groups lack standing to challenge the Washington state Ecology Department's...more

ML Strategies Weekly Energy and Environment Update – Week of October 21, 2013

Despite coming to an agreement to reopen the government and raise the debt ceiling last week, Congress will continue to address these issues over the next three months through the fiscal year 2014 appropriations and yet...more

The Ninth Circuit Dismisses Suit on Greenhouse Gas Regulation: Science Not Sufficient To Support Causal Link To Plaintiffs’ Injury

On October 17, 2013, the Ninth Circuit ruled that it lacked jurisdiction to consider a challenge to Washington’s failure to regulate greenhouse gas (GHG) emissions from the state’s five oil refineries under the Clean Air Act....more

SCOTUS Review of GHG Regulations – Opportunity for the Oil and Gas Sector?

The Supreme Court announced this week that it would review the U.S. Environmental Protection Agency’s (EPA) authority to regulate “greenhouse gases” (GHGs) under the Clean Air Act. While the Court accepted six petitions for...more

U.S. Supreme Court Grants Narrow Review of EPA's Greenhouse Gas Regulatory Regime But Refuses to Review EPA's Endangerment Finding

On Oct. 15, 2013, the U.S. Supreme Court granted six petitions for review challenging the D.C. Circuit Court of Appeals' decision affirming the U.S. Environmental Protection Agency's ("EPA") suite of greenhouse gas ("GHG")...more

Supreme Court Accepts Appeal Challenging EPA’s Greenhouse Gas Rules

On Tuesday, the Supreme Court of the United States granted? six separate petitions for ?certiorari from a decision of the Federal Circuit Court for the District of Columbia upholding ?EPA’s efforts to regulate greenhouse gas...more

EPA Proposes New Power Plant Carbon Dioxide Limits

On September 20, 2013, EPA proposed new source performance standards (NSPS) for carbon dioxide emissions from new fossil fuel-fired power plants under Section 111(b) of the Clean Air Act, 42 U.S.C. § 7411(b). This proposal...more

The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible...

On September 20, 2013, EPA, under the authority of section 111(b) of the Clean Air Act (CAA), re-proposed its New Source Performance Standards (NSPS) for CO2 emissions from coal-fired utility boilers and integrated...more

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

EPA Proposes Another Rule To Limit New Power Plant CO2 Emissions

Background - Section 111 of the Clean Air Act authorizes the Environmental Protection Agency to set “new source performance standards” (NSPS) for selected categories of air pollution sources. These standards must...more

Regulation of Biogenic GHG Emissions, From Manure Management And Ethanol Sources, Cannot Be Delayed, Says D.C. Circuit

In 2007, the United States Supreme Court directed EPA to regulate greenhouse gas emissions (“GHG”) as a pollutant under the Clean Air Act. Since that time, EPA has published an Endangerment Finding and issued a series of...more

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

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

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