Carbon Emissions Environmental Protection Agency

News & Analysis as of

Energy & Environment Update - July 2015 #4

Energy and Climate Debate - Energy and climate issues will garner substantial attention between now and the August recess, and congressional, Administration, and international efforts will remain high through the end of...more

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the...more

Changes Likely in Final Version of EPA's Clean Power Plan

EPA's rules regulating greenhouse gas emissions from power plants are expected to be finalized by the end of the summer. It has been nearly two years since the EPA unveiled its proposed greenhouse gas emissions standards...more

Energy & Environment Update - July 2015 #3

Energy and Climate Debate - With just two or three weeks before the August recess – two for the House, three for the Senate – Congress has a full schedule. The Senate will devote much of this week to the Highway bill,...more

Two Strikes and Oklahoma’s Out (For Now): Another Challenge to the Clean Power Plan Is Rejected

On Friday, Judge Claire Eagan dismissed Oklahoma’s latest challenge to EPA’s Clean Power Plan. Yes, that plan. The one that hasn’t been promulgated yet....more

EPA nixes state exemptions on excess CAA emissions

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

Energy & Environment Update - July 2015 #2

In This Issue: - Energy and Climate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection Agency -...more

Energy & Environment Update - July 2015

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Energy - Environmental Protection Agency - International - States - Excerpt from Energy and...more

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

D.C. Circuit Rejects Bid for Preliminary Review of Clean Power Plan

Today the U.S. Court of Appeals for the District of Columbia Circuit rejected a challenge to the U.S. Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan, which seeks to regulate greenhouse gas emissions from...more

D.C. Circuit Rejects Preliminary Challenge to Clean Power Plan

Consistent with longstanding administrative-law precedents, the D.C. Circuit has rejected two challenges to EPA’s proposed Clean Power Plan rule as premature. The two closely-watched cases, In re Murray Energy Corporation and...more

The Most Influential, Unimplemented Federal Rule in History

The Clean Power Plan, as proposed by the Environmental Protection Agency last year, would limit carbon dioxide emissions from power plants for the first time in history. The proposal, slated to go final this summer, is...more

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

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