News & Analysis as of

Environmental Policies Environmental Protection Agency Carbon Emissions

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

California Environmental Law & Policy Update - October 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District of Southern California approves Delta tunnels project - Sacramento Bee - Oct 10 - Metropolitan Water District of Southern California (MWD) on Tuesday committed...more

EPA to Reconsider Final Determination on Midterm Evaluation of GHG Emission Standards for Light-Duty Vehicles

by Hogan Lovells on

The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) are currently conducting a Midterm Evaluation as part of the 2012 GHG emission standards established for MY 2017-2025...more

Put Aside Global Warming and Consider Evidence That Air Pollution in the U.S. Harms Local Populations

by Burr & Forman on

Last Thursday, National Public Radio reported on a study published in the New England Journal of Medicine which offers evidence that air pollution continues to kill thousands in the United States every year. ...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

California Environmental Law & Policy Update - June 2017 #3

by Allen Matkins on

Environmental and Policy Focus - Trump administration backs away from fight over California's power to set automobile emission standards - Los Angeles Times - Jun 15 - The Trump administration is backing off its...more

State Attorneys General Warn the EPA of Legal Action Should Obama-Era Fuel Economy Standards Get Rolled Back

by Foley & Lardner LLP on

Even as the Trump administration is calling into question whether it will remain committed to Obama-era fuel economy and emissions targets, state governments are stepping up to enforce those same targets....more

A Hodgepodge of Action and Thought on Climate Change

by Burr & Forman on

While the Trump Administration has taken steps to dismantle or revise many of the Obama Administration’s actions regarding climate change, there are conflicting opinions within the Administration and key businesses about the...more

Maine DEP Plans to Tighten Opacity Standards in Response to EPA SIP Call

by Pierce Atwood LLP on

You think maintaining compliance with opacity standards is a challenge now – just wait. As anyone who has started a campfire knows, opacity (the density of the smoke) tends to be high when starting and ending fuel burning,...more

December 2016: Energy Litigation Update

Update on Clean Power Plan. In August 2015, the Environmental Protection Agency (“EPA”) finalized a new set of standards, now known as the Clean Power Plan (the “Plan”), aimed at reducing carbon emissions from fossil-fuel...more

Clean Power Plan's Future in Jeopardy Under Trump

by Holland & Knight LLP on

During his campaign, President-Elect Donald Trump vowed to scrap President Obama's Clean Power Plan (CPP) rule. The CPP is the cornerstone of President Obama's environmental legacy. The rule establishes the first national...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

by Dentons on

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

by Seyfarth Shaw LLP on

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

California Environmental Law & Policy Update - June 2016 #2

by Allen Matkins on

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

California Environmental Law & Policy Update - April 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District signs deal to buy Delta islands for $175 million - Sacramento Bee - Apr 11 - Metropolitan Water District of Southern California (MWD) signed a...more

California Environmental Law & Policy Update - March 2016

by Allen Matkins on

Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Despite stalling recently over a debate on how to respond to the Flint water crisis, the Senate bipartisan energy bill is still alive and could see action as soon as next week provided that...more

Obama Announces Clean Power Plan, Fights to Follow

by Burr & Forman on

On August 3, 2015, President Obama announced the finalization of the long-awaited Clean Power Plan, a policy primarily intended to further the commitment to combatting global warming. The Plan focuses on the electric power...more

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

by Nossaman LLP on

On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

Year in Preview: 2015 Heralds Big Changes Under the Clean Air Act

by McGuireWoods LLP on

Not only has a new interstate pollution and allowance trading regime kicked in (effective Jan. 1), but the agency has announced that it will publish final carbon standards this summer for new and existing power plants and...more

Obama Administration Anticipates Movement in Doomsday Clock

by Burr & Forman on

Last week the Bulletin of the Atomic Scientists (BAS) moved the minute hand on the Doomsday Clock two minutes closer to midnight. Advancement of the clock hand symbolizes experts’ concerns on the threat of global catastrophe....more

EPA Seeking Small Business Input on Federal Plan for Carbon Emission Goals

Today the U.S. Environmental Protection Agency (EPA) announced that it will seek stakeholder input on the development of a federal plan for meeting the Clean Power Plan’s carbon emission goals. Earlier this month, the EPA set...more

California Environmental Law and Policy Update - November 2014

by Allen Matkins on

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

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

by Pierce Atwood LLP on

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

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