Clean Air Act Greenhouse Gas Emissions

News & Analysis as of

EPA Advances Climate Goals by Expanding Refrigerant Regulations

On September 26, 2016, EPA released a Final Rule updating the Agency’s Refrigerant Management Program... ..The Final Rule is scheduled to become effective January 1, 2017 and, for the first time, expands the requirements...more

EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More

Natural Gas - Natural Gas Outlook: U.S. On Track to be Net Exporter Q2 2017: Natural gas production and consumption are expected to rise this year due to increases in natural gas prices and LNG exports, as well as...more

Clean Air Act Permit Challenges — New Rules On the Way

In the United States, the federal Clean Air Act (CAA) requires all “major sources” of air pollution, such as power plants, refineries and other large industrial facilities, to obtain permits detailing the conditions under...more

California Environmental Law & Policy Update - September 2016

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more

EPA Issues Final Rules To Reduce Methane Emissions From MSW Landfills

Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more

Environmental Notes - August 2016

Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

California Environmental Law & Policy Update - July 2016 #5

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

Democrats reach compromise on hydraulic fracturing as EPA continues its working on regulating methane

In the US, there is growing divide on how to reduce methane emissions from the oil and gas sector. This debate is impacting Democratic presidential politics and could affect future regulatory efforts at the federal, state and...more

EPA’s Enforcement Focus on Refrigerants Continues With Another Multi-million Dollar Settlement

The U.S. Environmental Protection Agency (“EPA” or “Agency”) continues its enforcement focus on commercial refrigerant leaks from major retailers, keeping with the Agency’s goals of reducing leaks of ozone depleting...more

EPA Doubles Down with Expansive New Methane Regulation

The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more

NOx Emission Reductions for Medium- and Heavy-Duty Trucks Forthcoming

The timeline for federal NOx emission reductions for medium and heavy-duty trucks is uncertain, but expected in California in 2017. The California Air Resources Board (CARB) is expected to issue a NOx standard in 2017 that...more

Ploughing the Same Furrow: EPA Proposes 2017 Renewable Fuel Volumes Using the Methodology From its Previous Rule

On May 31, 2016, the Environmental Protection Agency (EPA) published in the Federal Register its proposed 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the...more

EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more

Control of Methane Air Emissions from Existing Oil and Gas Facilities: New Initiatives from EPA and Pennsylvania DEP

In March of this year, the U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy described the steps that EPA would be taking to reduce methane emissions from existing oil and gas sources. This initiative is...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Despite stalling recently over a debate on how to respond to the Flint water crisis, the Senate bipartisan energy bill is still alive and could see action as soon as next week provided that...more

Supreme Court Blocks Clean Power Plan, But Scalia’s Death Changes Outlook on Ultimate Fate

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Obama's Clean Power Plan Rule Halted By SCOTUS

On February 9, 2016, the Supreme Court of the United States (SCOTUS) took an unprecedented step by halting the implementation of the Obama Administration's federal regulation to control carbon dioxide emissions, generally...more

Republican Lawmaker Wants to Revoke EPA’s New Authority to Regulate Greenhouse Gases

On February 1st, I published an editorial arguing that the U.S. Environmental Protection Agency should use an obscure provision of the Clean Air Act to broadly regulate greenhouse gas emissions. This provision, Section 115,...more

District Department of Energy & Environment Releases Pre-Draft of “Air Quality Permit Fees and Synthetic Minor Permitting Program”

During the week of January 18, 2016, the Department of Energy & Environment of the District of Columbia (“Department”) released a pre-draft proposal of its much-anticipated synthetic minor permitting regulations. The proposal...more

Supreme Court Blocks Obama Administration’s Clean Power Plan

On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more

Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more

Does the Paris Agreement Provide EPA With Authority Under the CAA To Impose EconomyWide GHG Controls? Count Me Skeptical

In a very interesting article, Michael Burger of the Sabin Center and his co-authors suggest that, following the Paris climate agreement, § 115 of the Clean Air Act provides authority for EPA to develop economy-wide GHG...more

Air Quality Regulation of Oil and Gas Development: Hydraulic Fracturing Leads to Evolving and New State and Federal Standards, and...

I. Introduction - Over the past several years, oil and gas production and related midstream activities in the several regions of the United States - - including Texas, the Intermountain West, North Dakota, and...more

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