News & Analysis as of

Environmental Policies Clean Air Act Utilities Sector

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

by Burr & Forman on

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

California Environmental Law and Policy Update

by Allen Matkins on

Focus: Supreme Court upholds EPA's power to regulate greenhouse gas emissions from large stationary sources – but scolds EPA for overreaching in its regulatory approach - Allen Matkins - Jun 24: On...more

EPA & SCOTUS on GHG: EPA’s Proposed Rule on Emissions for Existing Sources Published for Comment & U.S. Supreme Court Makes a...

by Moore & Van Allen PLLC on

Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

by Moore & Van Allen PLLC on

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

by Reed Smith on

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

Supreme Court Affirms EPA’s Power To Regulate Carbon Dioxide Under The Clean Air Act

by Bergeson & Campbell, P.C. on

The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits...more

Supreme Court rejects premise for GHG Tailoring Rule, but largely maintains EPA’s authority to set GHG emission limits

by DLA Piper on

In a split decision, the United States Supreme Court confirmed the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from new and modified stationary sources that are required to obtain...more

Supreme Court Upholds EPA's Power to Regulate Greenhouse Gas Emissions From Large Stationary Sources – But Scolds EPA For...

by Allen Matkins on

On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v. Environmental Protection Agency partially invalidated and partially upheld U.S. Environmental Protection Agency ("EPA")...more

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

by K&L Gates LLP on

In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

by Perkins Coie on

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

Highlights of the UARG v. EPA Decision

by BakerHostetler on

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

83% of a Loaf Is Better Than None: The Supreme Court Affirms EPA’s Authority to Regulate “Anyway Sources”, But Rejects Regulation...

The Supreme Court affirmed EPA’s authority to subject 83% of greenhouse gas emissions to its PSD and Title V Operating Permit programs. However, EPA’s rationale for the rule did not fare so well, and EPA does not have...more

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

by Morrison & Foerster LLP on

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more

Supreme Court Overturns EPA’s “Tailoring Rule,” Upholds GHG BACT for “Anyway” Sources

by Thompson Coburn LLP on

On June 23, the U.S. Supreme Court issued its much anticipated opinion in Utility Air Regulatory Group v. EPA, involving whether the EPA properly decided it was required to regulate sources of greenhouse gases (“GHGs”) under...more

Supreme Court Rolls Back EPA's Regulation of Greenhouse Gases in Utility Air Regulatory Group Decision

by Stoel Rives LLP on

The U.S. Supreme Court has delivered a stunner with its decision this morning in Utility Air Regulatory Group v. Environmental Protection Agency. The Supreme Court has curtailed the U.S. Environmental Protection Agency’s...more

Despite Rebuke, EPA May Regulate Stationary Greenhouse-Gas Emitters

On June 23, 2014, in Utility Air Regulatory Group v. EPA et al., No. 12-1146 (and related cases), the Supreme Court held that the Environmental Protection Agency (EPA) may require certain greenhouse-gas emitters to install...more

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

by Faegre Baker Daniels on

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

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