News & Analysis as of

Department of Energy Loan Guaranties for Renewable Energy and Energy Efficiency Projects

On July 3, 2014 the United States Department of Energy (DOE) issued its latest solicitation under Section 1703 of Title XVII of the Energy Policy Act of 2005 for applications to obtain loan guarantees to finance innovative...more

Only When a Permit is Required: The Supreme Court Caps the EPA’s Authority to Regulate Greenhouse Gas Emissions from Stationary...

Utility Air Regulatory Group v. EPA et al. 573 U.S. ____ (2014) - On June 23, 2014, the United States Supreme Court held that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Air Act...more

White House Weighs Higher EPA 2014 RFS Targets To Help Climate Efforts

On July 15, 2014, Inside EPA reported that "the White House is examining options for reversing EPA's proposed cuts to several renewable fuel standard (RFS) production targets in order to promote biofuels that create fewer...more

California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

Still Using Economic (and Safety) Arguments to Reduce Greenhouse Gas Emissions: Massassachusetts Enacts Gas Leak Legislation

As I noted last year, there has been a concerted effort on the part of those fighting climate change to emphasize economic issues in connection with their policy proposals. That post concerned Senator Markey’s efforts to...more

Renewable Fuels Pathways Final Rule

On July 2, 2014, EPA released a signed, pre-published version of its final rule for "Renewable Fuel Standard (RFS) Pathways II and Modifications to the RFS Program, Ultra Low Sulfur Diesel Requirements, and E15 Misfueling...more

Renewable Energy Update -- July 2014

Renewable Energy Focus - Supreme Court upholds EPA's power to regulate greenhouse gas: Allen Matkins - Jun 24: On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v....more

EPA Issues Proposed Rule to Significantly Reduce Carbon Dioxide Emissions

Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings....more

Are We There Yet? CCS and Cost-Effectiveness Analyses

In 2011, the U.S. Environmental Protection Agency (EPA) issued pioneering guidance on the Best Available Control Technology (BACT) analysis for the control of greenhouse gas (GHG) emissions. In that guidance, EPA acknowledged...more

U.S. Supreme Court Restricts EPA Regulation of Greenhouse Gas Emissions

On June 23, 2014, the U.S. Supreme Court issued its widely anticipated decision in Utility Air Regulatory Group v. EPA concerning the U.S. Environmental Protection Agency's regulation of greenhouse gas emissions (GHGs) from...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

New Supreme Court Ruling On EPA Authority Over GHGs – Little Clarification on the 111(d) Regulations

Last week, the United States Supreme Court issued a significant decision in Utility Air Regulatory Group v. EPA, that substantially restricts the authority of the U.S. Environmental Protection Agency (EPA) to regulate...more

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

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

Scientists Weigh In On Biogenic Carbon Accounting Debate

On June 19, 2014, over 90 scientists sent a letter to EPA urging the Agency to move forward under its Tailoring Rule by "1) moving beyond the flawed assumption that bioenergy is inherently carbon neutral; 2) rejecting the...more

Surprise -- EPA's Proposed CO2 Control Regulation Would Affect More Than Just Coal Utility Boilers

Anyone who has read the newspaper or watched the news in the past month will know that EPA has proposed a regulation that would require coal-powered plants to reduce greenhouse gas (primarily carbon dioxide (CO2)) emissions. ...more

EPA Regulation of Carbon Dioxide Emissions: Supreme Court Addresses EPA's Greenhouse Gas Permitting Authority – Implications for...

On June 23, 2014, the U.S. Supreme Court handed down the first decision to place limitations on the U.S. Environmental Protection Agency's (EPA) authority to regulate greenhouse gases (GHG) under the Clean Air Act. In the...more

Supreme Court Invalidates EPA’s Greenhouse Gas Tailoring Rule: What Now If You Own or Operate a Large Stationary Source of...

Last Monday, the Supreme Court issued its highly-anticipated opinion in Utility Air Regulatory Group v. EPA, No. 12-1146 (June 23, 2014), partially upholding and partially invalidating EPA’s 2010 regulations governing...more

ML Strategies’ Energy & Environment Update: June 2014 #3

The Supreme Court partially upheld and partially rejected June 23 a set of Environmental Protection Agency greenhouse gas regulations for major pollution sources, following a legal challenge from the utility industry. The 5-4...more

Sierra Club Seeks to Vacate Affirmative Defenses under Clean Air Act for Unavoidable Malfunctions

This month, the Sierra Club filed a petition for review challenging certain provisions of nine EPA rules that provide for affirmative defenses against alleged Clean Air Act violations in the case of unavoidable malfunctions....more

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

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 Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With...

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")...more

U.S. Supreme Court Restricts EPA Regulation of Greenhouse Gas Emissions

GHG Rules Allowable for Sources Otherwise Subject to Federal Clean Air Act Permitting - On June 23, 2014, the U.S. Supreme Court issued its widely anticipated decision in Utility Air Regulatory Group v. EPA concerning...more

Energy & Environment Update - June 2014 #3

Excerpt from Energy and Climate Debate: The Supreme Court partially upheld and partially rejected June 23 a set of Environmental Protection Agency greenhouse gas regulations for major pollution sources, following a...more

Big SCOTUS Win for EPA on Greenhouse Gases

No matter how you slice it (and we are all still studying it), yesterday’s Supreme Court omnibus decision on greenhouse gas (“GHG”) regulation (the lead case being Utility Air Regulatory Group v. EPA, No. 12-1146, decided...more

EPA Proposes Major Reductions in Greenhouse Gas Emissions from Existing Power Plants Affecting Everyone Who Produces and Uses...

Last year, we reported on President Barack Obama’s Climate Action Plan[1] (“Plan”) and his directive to the U.S. Environmental Protection Agency (“EPA”) to push forward with rulemaking to reduce carbon dioxide (“CO2”)...more

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