Climate Change Environmental Protection Agency

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Climate change Regulation Starts to Take Shape in Washington State

In 2015, the Washington Legislature failed to act on Governor Jay Inslee’s cap-and-trade proposal to limit the greenhouse gas emissions that cause climate change. Since then, all branches of Washington State government, as...more

Environmental Notes - April 2016

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

I Wish for a Happy Earth Day

April 22nd marked Earth Day, an annual celebration of environmentalism. The headline event of Earth Day 2016 was having 175 countries sign the Paris Agreement, which represents a global commitment to reducing greenhouse gas...more

Canada/US Policy Scan 2016

Earlier this year, US President Barack Obama welcomed Canadian Prime Minister Justin Trudeau and his delegation, the first official visit by a Canadian PM to the US in nearly two decades. By mid-summer of this year, the two...more

Energy & Environment Update - March 2016 #3

Energy & Climate Debate: The Senate and the House of Representatives are both on Spring Recess, with the Senate returning on April 4 and the House scheduled to return on April 12. Before breaking for recess, the...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Senate Energy and Natural Resources Committee chair Sen. Murkowski (R-AK) and ranking member Sen. Cantwell (D-WA) remain optimistic that the Senate bipartisan energy bill will advance perhaps...more

Energy & Environment Update - March 2016

ENERGY AND CLIMATE DEBATE - Last week there was the glimmer of progress on the Senate bipartisan energy bill, with a hotline request to approve a number of amendments. This came after a compromise agreement announced by...more

Energy & Environment Update - February 2016 #3

ENERGY AND CLIMATE DEBATE - Congress returns this week following the President’s Day holiday, and the death of Supreme Court Justice Antonin Scalia on February 13 has set the stage for a contentious nomination battle in...more

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

Would the Supreme Court Stay EPA’s Clean Power Plan Today?

The senior-most U.S. Supreme Court Justice, Antonin Scalia, passed away on February 13, 2016 just days after the Supreme Court, by a slim 5 to 4 majority, stayed the EPA’s enforcement of the Clean Power Plan. Among other...more

Energy & Environment Update - February 2016 #2

ENERGY AND CLIMATE DEBATE - The Senate continues this week its floor debate on the first broad bipartisan energy package in nearly ten years. The Energy Policy Modernization Act of 2015 (S. 2012), which cleared,...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

Supreme Court Delays Climate Control Regs

In an unprecedented action, the U.S. Supreme Court has stayed implementation of the Obama administration’s Clean Power Plan regulations. The case is now under review by the U.S. Court of Appeals for the D.C. Circuit, with a...more

Energy & Environment Update - February 2016

Energy and Climate Debate - The bipartisan Senate energy bill is on hold, following a disagreement over federal aid to address the Flint, Michigan, water crisis. In the meantime, President Obama released his fiscal year...more

U.S. Supreme Court Unexpectedly Stays Clean Power Plan

In a virtually unprecedented move, the Supreme Court yesterday issued an order staying the Clean Power Plan, the cornerstone of President Obama’s environmental agenda and the most significant step the country has ever taken...more

Regulations and More Regulations: Pa. Proposes Methane Reductions

On January 19, 2016, Pennsylvania Governor Tom Wolf announced a framework for reducing methane emissions from the oil and gas sector in the state. The Governor touted that as the second-largest producer of natural gas in the...more

Foley Hoag Climate Update: February 2016

The Paris Outcome - After two weeks of intense negotiations at the Paris climate conference, 195 countries finally adopted the Paris Agreement and a Decision to limit “the increase in the global average temperature to...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

Energy & Environment Update - January 2016 #3

Energy and Climate Debate - The winter weather postponed much congressional and Administrative action on energy, environment, and other issues this week, but the Senate has now officially begun floor debate on the first...more

Energy & Environment Update - January 2016 #2

Energy and Climate Debate - As Washington prepares for snow, energy issues continue to heat up in the second session of the 114th Congress. Senate Energy and Natural Resources Committee Chair Lisa Murkowski (R-AK),...more

Washington State Department of Ecology Proposes GHG Limits in “Clean Air Rule”

The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...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

Energy Insights: An Update from the Fourth Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter, our Energy and Clean Technologies team covers important developments in Q4 2015 for the energy industry including collateral tax benefits granted to YieldCos, the...more

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