News & Analysis as of

Navigating Climate Regulation on Dual Tracks: Experts Discuss the Promises and Pitfalls of AB 32 and the Clean Air Act

The United States has no comprehensive climate legislation for regulating greenhouse gas (GHG) emissions. But in recent years, the Environmental Protection Agency (EPA) has acted under its existing Clean Air Act (CAA)...more

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

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

Texas Environmental Update - February 28, 2014

We are pleased to provide you with this issue of Bracewell's Texas Environmental Update, offering the latest news about permitting, enforcement, regulatory developments, and other matters of interest to the regulated...more

U.S. Supreme Court Hears Arguments in Landmark Case on Federal Greenhouse Gas Regulation

My colleague, Daniel Lee, followed oral argument yesterday in the U.S. Supreme Court's consideration of federal greenhouse gas (GHG) regulation in Utility Air Regulatory Group v. EPA, and provides this analysis...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

Do I Have to Think About Environmental Compliance?

Electric utilities, pulp and paper mills, and manufacturers of all types are subject to a wide range of environmental requirements. Other businesses—like retail facilities, warehouses, and property management companies—are...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

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

Capital Thinking: Energy

ENERGY AND COMMERCE TO CONSIDER BILL TO LIMIT EPA’S REGULATORY AUTHORITY - On Monday, January 13, the House Energy and Commerce Committee’s Subcommittee on Energy and Power will hold a markup vote on H.R. 3826, the...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

EPA Conditionally Excludes CO2 Geologic Sequestration from RCRA Regulation

On December 19, 2013, the Environmental Protection Agency (EPA) issued a final rule revising the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), to conditionally exclude carbon dioxide...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

Texas Proposes New GHG Emissions Rules

In response to the standoff between the U.S. Environmental Protection Agency (EPA) and the State of Texas over EPA’s promulgation of new rules regulating stationary-source greenhouse gas (GHG) emissions, the Texas Legislature...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

Capital Thinking: Energy

Legal Activity - Supreme Court Sets Up Limited EPA Greenhouse Gas Challenge - On Tuesday, October 15, the Supreme Court granted and consolidated six petitions for certiori to hear a limited appeal of the...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

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