News & Analysis as of

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - - Definition of “Waters of the United States” Under the Clean Water Act, 33 C.F.R. Part 328 - - In connection with its proposed rule regarding the definition of...more

Climate Action Plan for San Diego County Struck Down Under CEQA by Court of Appeal for Failure to Comply with Requirements for...

On October 29, 2014, the Fourth District Court of Appeal of California upheld the Sierra Club’s challenges to the County of San Diego’s (“County”) approval of a climate action plan (“CAP”) and related significance thresholds...more

U.S. and China Reach Historic Accord on Climate Change

In a surprise announcement that capped months of secret negotiations, on November 11, 2014, President Obama and Chinese President Xi Jinping announced an historic pact that commits each country to ambitious goals to cap...more

California Environmental Law and Policy Update - November 2014

Environmental and Policy Focus - Coastal California residents using far less water: Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

The Obama Clean Power Plan Nuclear Gap

If we want to arrest climate change, all we need are more renewables like wind and solar, right? Not exactly, according to a newly published Canadian report from Hatch Ltd. on lifecycle greenhouse gas emissions (“GHG”). The...more

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Army Corps Drops Regional Permit - The Army Corps has announced that it has abandoned the idea of establishing a regional general permit for the New England states. The proposal would have replaced the individual...more

MiFID II: Commodity Derivatives and Emissions

MiFID II is the latest piece in a package of European and global reforms impacting commodity derivatives and emissions traders, drawn up in response to concerns as to excessive speculation and volatility in the commodities...more

Exemptions for Excess Emissions During Startup, Shutdown, and Malfunction Are In Jeopardy – What Can You Do?

For many years, a number of state air regulations, including certain MEDEP, NHDES, and RIDEM regulations, have contained exemptions and/or affirmative defenses for excess air emissions occurring during startup, shutdown...more

Carbon and Climate Continue to Create Controversy

Late last month, President Obama addressed the United Nations Climate Summit and just a few days ahead of that, EPA announced that it has extended the comment period on the Clean Power Plant proposed rule to December 1, 2014....more

Alaska Supreme Court Opens the Door for Alternative Theory in Public Trust Litigation

As this blog has discussed on several prior occasions, Our Children’s Trust, an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere. While...more

ML Strategies Energy & Environment Update: Week of 9/23/2014

Energy and Climate Debate - Congress has recessed until after the November elections, and we turn our attention this week to energy and climate issues on the Administration and international fronts....more

EPA Proposes to Eliminate Affirmative Defenses for Excess Emissions During Startups, Shutdowns, or Malfunctions — Get Ready for...

This past April, the D.C. Circuit struck down the part of EPA’s cement kiln rule that would have provided an affirmative defense to civil penalties for excess emissions resulting from unavoidable malfunctions. As we noted at...more

Group Of Senators Weigh In On Biogenic Carbon Regulations

On August 7, 2014, a group of nine Democratic Senators led by Senator Tom Harkin (D-IA) sent a letter to the EPA Administrator, Gina McCarthy, on the treatment of biogenic carbon emissions from stationary sources. The other...more

Wrap-Up of Federal and State Chemical Regulatory Developments (August 2014)

IARC Classifies Dichloromethane, Other Substances As Human Carcinogens: In June, an expert panel of the International Agency for Research on Cancer (IARC) concluded that dichloromethane, a chemical substance used to make...more

As Climate Debate Rages On, A New Focus On Methane Emissions

While carbon dioxide emissions have garnered most of the attention in recent months, the Obama administration has also turned its focus to emissions of another greenhouse gas: methane. In March, the administration released a...more

CO2 is Good

In French vs. Occidental Permian, Ltd. the Texas Supreme Court held that costs associated with injection of carbon dioxide into a reservoir in a tertiary recovery operation were properly deducted from royalties. This...more

ML Strategies’ Energy & Environment Update: August 2014

This week, ML Strategies’ Manager of Government Relations, Sarah Litke, highlights the Environmental Protection Agency’s 111(d) Proposed Rule...more

Feds Announce New Loan Guarantees for Clean Energy Projects

The U.S. Department of Energy (DOE) announced a new loan guarantee program in July to facilitate the financing of energy projects in the U.S. that employ innovative and renewable or efficient energy technologies that avoid,...more

EPA Regulation of Greenhouse Gases

The United States Supreme Court ruled in June that the Environmental Protection Agency (EPA) must reduce its authority to regulate greenhouse gas emissions from stationary sources. The EPA tried to increase two of its permit...more

Environmental Alert: "EPA's Inspector General Says EPA Must Improve Efforts regarding Methane Emissions from Pipelines"

On July 25, 2014, EPA’s Office of Inspector General (OIG) issued “Improvements Needed in EPA Efforts to Address Methane Emissions from Natural Gas Distribution Pipelines.” In this report, OIG cited President Obama’s Climate...more

The Slow Grind of Justice for EPA's Carbon Emissions Regulations

It was inevitable that EPA's Clean Power Plan, regulating carbon emissions from existing power plants was going to generate law suits. Even if the suits are ultimately unsuccessful, an injunction against the Plan's adoption...more

EPA Holds Listening Sessions On Carbon Proposal

The U.S. Environmental Protection Agency (EPA) held its first "listening sessions" this week on its controversial proposed rule to reduce carbon dioxide at existing power plants. BRAG has previously reported on the proposed...more

USDA Issues Report On Greenhouse Gases

On July 31, 2014, USDA issued a report on greenhouse gases. According to USDA's press release, the Quantifying Greenhouse Gas Fluxes in Agriculture and Forestry: Methods for Entity-Scale Inventory report "for the first time,...more

White House Launches Major Push To Shore Up Support for Proposed Clean Power Plan

This week the White House is launching a major effort to shore up support for the Environmental Protection Agency’s (EPA) Clean Power Plan. The historic and ambitious rule, proposed by EPA on June 18, 2014, (79 Fed. Reg....more

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