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EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

United States Announces Intent to Withdraw From Paris Climate Accord: What is the Real Impact?

On June 1, President Trump declared that he would withdraw the United States from the Paris Climate Accord (the “Agreement”). His announcement, though not unexpected, raises a host of questions on several legal, technical,...more

UPDATE: California’s Cap-and-Trade Program Upheld by the California Court of Appeal

Just yesterday, we issued an alert that discussed among other things the uncertainty surrounding California’s cap-and-trade program under Assembly Bill 32 (“AB 32”). Today, that uncertainty has been lessened considerably,...more

The Future of California’s Landmark Cap-and-Trade Program is Uncertain

This is the final installment in a three-part series examining carbon policies along the West Coast. In California, legislators are debating the future of its cap-and-trade program beyond 2020, the state is defending...more

Oregon Lawmakers Consider Carbon Pricing Legislation

This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. In 2007, Oregon passed legislation...more

Washington Continues to Consider a Carbon Tax and Defends Clean Air Rule

This is the first installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. While federal efforts to reduce...more

Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more

Energy Infrastructure and Carbon Policy: Impacts & Opportunities

This presentation to the Northwest & Intermountain Power Producers Coalition (NIPPC) reviews the current direction of carbon-reducing public policy and legal trends and their impacts on power producers and developers both...more

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit Relies on the Dormant Commerce Clause to Reject Minnesota’s GHG...

Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more

The Washington State Department of Ecology Reissues Clean Air Rule

On June 1 the Washington State Department of Ecology (“Ecology”) reissued a draft Clean Air Rule (“CAR”). A prior iteration of the rule was filed on January 6, 2016, but was withdrawn by Ecology to address and incorporate...more

Update on EPA’s Clean Power Plan

Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule. The agency’s...more

High Court Grants Stay of Clean Power Plan

On February 9, 2016, in an historic and unprecedented decision, the U.S. Supreme Court blocked the U.S. Environmental Protection Agency (“EPA”) from implementing the Clean Power Plan (“CPP”) while the rule is challenged in...more

Washington State Department of Ecology Proposes GHG Limits in “Clean Air Rule”

The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...more

EPA’s Clean Power Plan: A Regional Analysis

EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more

EPA’s Clean Power Plan: Structure, Implications for the Grid, and Next Steps

The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more

EPA Proposes Update to National Ambient Air Quality Standards for Ground-Level Ozone

On November 25, 2014, the Environmental Protection Agency (“EPA”) proposed to reduce both the primary and secondary National Ambient Air Quality Standards (“NAAQS”) for ground-level ozone from 75 parts per billion (“ppb”) to...more

12/30/2014  /  Clean Air Act , EPA , NAAQS , Proposed Standards

Department of Interior Streamlines Lease Approval Process for Developing Renewable Energy Projects on Tribal Lands

The efficiency and transparency of developing wind and solar energy projects on tribal lands have improved considerably as a result of the recent issuance by the Department of Interior (DOI) of its final rule governing leases...more

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