Carbon Emissions Environmental Protection Agency

News & Analysis as of

Opponents of EPA’s Proposed Clean Power Plan Face Tough Questions From the Court

The U.S. Court of Appeals for the District of Columbia Circuit heard oral argument on the first legal challenges to EPA’s “Clean Power Plan” on April 16, 2015. The plan is a proposed rule under Section 111(d) of the Clean Air...more

Initial Challenge to Clean Power Plan Receives Rocky Reception

Several states and Murray Energy Corp. (“Murray Energy”), supported by numerous intervenors and amici, presented oral arguments today before the D.C. Circuit challenging the Environmental Protection Agency’s (EPA) proposed...more

EPA’s Rules Related to Carbon Emissions and Climate Change Prompt A New Focus By The Opposition

EPA’s new rules for limiting emissions of carbon dioxide for both existing power plants and proposed plants have prompted at least two substantive reports by public policy institutes focusing on the economic aspects of the...more

Energy Industry News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Department of the Interior opens areas for oil and gas drilling through...more

Year in Preview: 2015 Heralds Big Changes Under the Clean Air Act

Not only has a new interstate pollution and allowance trading regime kicked in (effective Jan. 1), but the agency has announced that it will publish final carbon standards this summer for new and existing power plants and...more

"Ambitious EPA Plan Would Require States to Reduce CO2 Emissions at Existing Power Plants"

In 2015, the U.S. Environmental Protection Agency (EPA) intends to issue in final form three proposed regulations for limiting carbon dioxide (CO2) emissions pursuant to Section 111 of the Clean Air Act. The proposed...more

Fracking: To Ban Or Not To Ban?

The process of hydraulic fracturing (also known simply as “fracking”) continues to divide the public and public policymakers, even as resulting lower natural gas prices have encouraged industries, including many power plants,...more

Federal Regulation of Hydraulic Fracturing Spurned by Senate

On Wednesday, January 28, the Senate voted against Amendment 48 which would allow the federal Environmental Protection Agency (“EPA”) to regulate hydraulic fracturing (“fracking”) on state and private lands. The measure was...more

Obama Administration Anticipates Movement in Doomsday Clock

Last week the Bulletin of the Atomic Scientists (BAS) moved the minute hand on the Doomsday Clock two minutes closer to midnight. Advancement of the clock hand symbolizes experts’ concerns on the threat of global catastrophe....more

FERC and EPA's Clean Power Plan

Following the U.S. Environmental Protection Agency's 2014 proposal to regulate carbon emissions from electric power plants and other major sources, federal energy regulators have scheduled a series of public technical...more

EPA Seeking Small Business Input on Federal Plan for Carbon Emission Goals

Today the U.S. Environmental Protection Agency (EPA) announced that it will seek stakeholder input on the development of a federal plan for meeting the Clean Power Plan’s carbon emission goals. Earlier this month, the EPA set...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

California Environmental Law and Policy Update - November 2014

Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

Questions about EPA regulation of power plant carbon emissions

This week the U.S. Environmental Protection Agency issued a public notice relating to its Clean Power Plan, the agency's proposed rule to reduce carbon emissions from the nation's existing power plants. The notice reiterates...more

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

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

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

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

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

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

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