News & Analysis as of

Energy Sector Clean Air Act Greenhouse Gas Emissions

Holland & Knight LLP

IRS Releases Long-Awaited Section 45Q LCA Procedures

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The IRS on July 24, 2024, released Notice 2024-60, which provides Section 45Q guidance for utilization of carbon dioxide and other carbon oxides. The Notice addresses the information that must be included in the required life...more

Mayer Brown

Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act

Mayer Brown on

Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

Jenner & Block on

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Spilman Thomas & Battle, PLLC

Pennsylvania and RGGI – Decision and Resolution

On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy Industry

It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more

Holland & Hart LLP

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

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In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

Foley Hoag LLP - Environmental Law

EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years

After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more

Morgan Lewis

EPA Issues ‘Good Neighbor’ Plan Addressing Interstate Transport Obligations

Morgan Lewis on

A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more

K&L Gates LLP

Pennsylvania Takes Emergency Action to Regulate Conventional Oil & Gas Industry Emissions

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On 30 November 2022, the Pennsylvania Environmental Quality Board (EQB) voted 16-2 to approve an emergency rule regulating volatile organic compound (VOC) emissions from existing conventional oil and gas sources. The...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

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The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

Perkins Coie

West Virginia v. EPA Curtails Federal Climate Action

Perkins Coie on

The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more

ArentFox Schiff

Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”

ArentFox Schiff on

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...more

Brownstein Hyatt Farber Schreck

The Supreme Court Overturns the Clean Power Plan—Analysis and Key Takeaways

Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more

Sullivan & Worcester

A Case Study of BP P.L.C. v. Mayor & City Council of Baltimore and Its Potential Impact on Other Climate Lawsuits

Sullivan & Worcester on

Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

Akin Gump Strauss Hauer & Feld LLP

Summary of Climate, Energy and Environment Provisions in the House Budget Reconciliation Package

Key Points - House Democrats press ahead with Build Back Better Act, including $550 billion in climate-related funding. The House will send the package to the Senate to continue negotiations over controversial provisions. ...more

Beveridge & Diamond PC

U.S. Supreme Court Agrees to Review Scope of EPA Authority over Power Plant Greenhouse Gas Emissions

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On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more

Snell & Wilmer

Supreme Court Grants Cert On GHG Regulation Of Power Plants

Snell & Wilmer on

On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American Lung...more

Akin Gump Strauss Hauer & Feld LLP

Climate, NEPA, Environmental Justice Dominate Hearing for EPA, CEQ Nominees

During yesterday’s Senate Environment and Public Works Committee hearing, President Biden’s nominees for Chair of the White House Council on Environmental Quality (CEQ), Brenda Mallory, and for Deputy Administrator the...more

(ACOEL) | American College of Environmental...

The Clean Power Plan Is Dead. Long Live The Clean Power Plan!

The Obama administration adopted the Clean Power Plan to reduce power sector greenhouse gas emissions in line with its commitments under the Paris Agreement climate accord. The Clean Power Plan invoked Clean Air Act §...more

Jones Day

D.C. Circuit Overturns Trump Administration Power Plant Rule

Jones Day on

In 2015, the U.S. Environmental Protection Agency ("EPA") adopted the Clean Power Plan ("CPP") pursuant to Clean Air Act ("CAA") Section 111. The CPP set out guidelines to help states develop individual plans to limit carbon...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick...

This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more

Vinson & Elkins LLP

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

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While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

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