Greenhouse Gas Emissions

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- May 2013

by Mintz Levin - Energy & Clean Technology on 5/10/2013

In This Edition: - In the News: United States - In the News: Europe & Asia - Government Financial Assistance - Privately Sourced Financial Grants - Federal & State News - Legal News - Events -...more

California Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulations

by Alan Mogol | Ober|Kaler on 5/7/2013

Lessors of tractors or trailers may be subject to California's regulations pertaining to the reduction of greenhouse gas emissions. California's regulations pertain to heavy-duty tractors and 53-foot or longer box-type...more

Can California Cap and Trade if Brussels Stumbles?

by Jeffrey Rector | Sheppard Mullin Richter & Hampton LLP on 5/1/2013

Last week, the European Parliament rejected a proposal to reduce the quantity of greenhouse gas (GHG) emissions allowances in order to fix a supply-demand imbalance in the European Union Emissions Trading System (EU ETS)....more

Climate Change Legal Theories: The Atmospheric Public Trust Doctrine Moves Another Step Forward

by J. Wylie Donald | McCarter & English: Climate Change &... on 4/30/2013

One of the shibboleths of those following climate change litigation is the idea that new legal theories will be surfaced, fired in the furnace of litigation and then forged as the vehicle for addressing climate change in the...more

California Environmental Law and Policy Update - April 25, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 4/26/2013

Environmental and Policy Focus - ..Bills to create CEQA courts hinge on funding question: California lawmakers are considering legislation that would assign specialized judges to hear California Environmental...more

Earth Matters - April 2013: Update on Federal Trade Commission Guides for Green Marketing

by Susan Marriott | Phillips Lytle LLP on 4/25/2013

In the August 2010 issue of the Earth Matters newsletter, we provided recommendations for incorporating transparency into “green” marketing efforts based on the “Guides for the Use of Environmental Marketing Claims” (the...more

Growing Controversy Over EPA Proposal Relying On E15 Ethanol/Gasoline Blend

by Ronald Farley | Burr & Forman on 4/22/2013

On June 15, 2012, EPA approved the first applications for the use of E15 Ethanol/Gasoline blend. Since that time, a dispute has emerged regarding the potential benefits and problems associated with a transition from the...more

How Much Consensus Is There On Global Warming?

by Charles Sartain | Looper Reed & McGraw, P.C. on 4/18/2013

This post is not from a global warming denier. But I do appreciate even-handed assessments of the situation. Here are two reports that fit the bill. ...more

Green Building Update -- April 12, 2013

by Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 4/15/2013

Green Building Focus: ..Biofuel waste -- a new green building solution - EarthTechling - Green Tech, Green Products & Energy News - Mar 26: Engineers are working on yet another way to deliver more energy...more

Residential Project Exempt From CEQA Review Under Government Code Section 65457 As Consistent With Specific Plan For Which Program...

by Arthur F. Coon | Miller Starr Regalia on 4/11/2013

In a recently published opinion construing Government Code § 65457’s exemption from environmental review for a residential development consistent with a specific plan for which an EIR was previously certified, the First...more

Watt’s New? Michigan Energy Newsletter - March 2013

by Laura Chappelle, Matthew B. Eugster, Bruce Goodman, Randall Kraker, Timothy J. Lundgren, Toni Newell, David Preston, Jack Sage, Eric Schneidewind, Matthew Zimmerman | Varnum LLP on 4/9/2013

In This Issue: - Highlights of MPSC Annual Report - Good Neighbor Fund Payments Made - Coal Plants Sued for Pollution Exceedances - Pure Michigan Solar Panel - New Grant for Efforts to Remove Barriers to...more

Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information

by William R. Devine | Allen Matkins Leck Gamble Mallory & Natsis... on 4/9/2013

The recent California appellate court decision in Concerned Dublin Citizens v. City of Dublin, Cal: Court of Appeal, 1st Appellate Dist., 3rd Div. 2013, upheld a City's affirmation that residential developments are exempt...more

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

by Christopher Nestor, David Overstreet | K&L Gates LLP on 4/8/2013

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are...more

New Backup Generator Rule Expands Usage Exemption but Faces Challenge

by Linda Benfield, Dorothy Watson | Foley & Lardner LLP on 4/5/2013

Backup generators used in a broad range of industries, including medical, agriculture, and oil and gas production facilities, are now subject to new emission standards. New EPA regulations for reciprocating internal...more

Court Upholds CEQA Exemption for Residential Development - Minor Project Tweaks and New Greenhouse Gas Thresholds Don’t Trigger...

by Sarah E. Owsowitz, Charity B. Schiller | Best Best & Krieger LLP on 4/4/2013

In a recent case involving the California Environmental Quality Act, a state appellate court upheld a city’s decision to exempt from environmental review a residential development because it was consistent with a broader...more

New Significance Standard For Greenhouse Gas Emissions Is Not New Information Triggering Supplemental CEQA Review

by Marc Bruner, Stephen Kostka | Perkins Coie on 4/3/2013

In an opinion published on March 28, 2013, a California court of appeal answered three questions under the California Environmental Quality Act that the published decisions have not yet addressed...more

Energy And Environment Update -- April 1, 2013

by Jordan Collins, David Leiter, Neal Martin, Bryan M. Stockton | Mintz Levin - Environmental Law on 4/2/2013

In This Issue: Congress; Administration; Department of Energy; Environmental Protection Agency; Interior Department; Department of Homeland Security; Department of State; Department of Treasury; Government...more

The Quebec Carbon Market is in Effect!

by Heenan Blaikie LLP on 3/29/2013

Following a period of uncertainty concerning the implementation of its carbon market, Quebec passed the necessary regulatory measures at the end of 2012 to ensure the operation of its carbon market as of January 1, 2013....more

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

by Paul Collins, Jaclyn Shoshana Levine | Miller Canfield on 3/28/2013

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more

Insight: Asset Finance - March 2013: High Hopes for Regulating International Aviation Emissions

by Adrian Beasley, Tallat Hussain | White & Case LLP on 3/27/2013

“Application of the [EU] emissions trading scheme to aviation infringes neither the principles of customary international law at issue nor the Open Skies Agreement”. This was the judgment of the European Court of...more

Energy And Environment Update -- March 25, 2013

by Jordan Collins, David Leiter, Neal Martin, Bryan M. Stockton | Mintz Levin - Environmental Law on 3/26/2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Energy; Environmental Protection Agency; Interior Department; Nuclear Regulatory Commission; Federal Energy Regulatory Commission;...more

California Environmental Law and Policy Update - March 15, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 3/18/2013

In This Issue: Environmental and Policy Focus - California considering 25 projects for carbon offset credits; Tactics divide agencies in Chevron probe; Bill proposed to ban lead ammunition in California; Navy offshore...more

Native Village Of Kivalina Files Its Petition For Certiorari - A Five-Year Climate Change Litigation Marathon That Has Yet To...

by J. Wylie Donald | McCarter & English: Climate Change &... on 3/18/2013

One day short of five years since the case was originally filed, on February 25, 2013 the plaintiffs in Native Village of Kivalina v. ExxonMobil Corp. attempt once more to get out of the starting blocks, this time with a...more

Legislative Update Report No. 2013-05 - Mar 8, 2013

by Osler, Hoskin & Harcourt LLP on 3/8/2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

Act II At The Obama EPA: Gina Mccarthy (Is Predicted) To Take The Helm

by J. Wylie Donald | McCarter & English: Climate Change &... on 3/1/2013

The President gave an indication of his environmental focus in his inaugural address, and then again in his state of the union speech. The focus would be on climate change. ...more

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