The first step to establishment of a comprehensive climate change regulatory program has been completed by U.S. EPA . On September 22nd, the Agency finalized its rule on mandatory reporting of greenhouse gas emissions (GHGs). The rule give the initial glimpses into what the potential overall control program will look. The most important insight- which industries
September 2009
U.S. EPA’s Proposal to Extend Costly Shipping Regulations to the Great Lakes Raises Questions
In March of this year Canada and the United States submitted a bi-national proposal to reduce emissions from ships at ports. The proposal marked the culmination of years of study of the costs and benefits of requiring emission reductions from ocean going vessels. However, the proposal never mentions the Great Lakes and includes no analysis of the costs or…
Federal Court Decision Increases Pressure on Congress to Pass Climate Change Legislation
The Federal Court of Appeals (2nd Circuit) issued a major decision in the ever growing debate regarding action on climate change. The court is allowing states to proceed with a suit against power companies that calls for a court order to reduce emissions of greenhouse gases which contribute to global warming.
Eight states (California, Connecticut…
Grim News Follows Good News For Northeast Ohio on Ozone
The Obama Administration announced it would review the revised ozone standard of .75 ppb that was previously established by the Bush Administration. The Obama Administration has said if they decide to revise the ozone standard below .75 ppb they will announce it by December of 2009 and finalize the standard by August 2010.
As reported…
Small Business See Benefits of Energy Efficiency Projects
Small businesses are deeply concerned with the economic impacts of the proposed cap-and-trade legislation currently pending in Congress. Although small businesses will not be covered by the cap, if a price is placed on carbon, small businesses will feel the economic impact through energy price increases. This is particularly true in the Midwest which is heavily…
Property Transactions: When is “All” Environmental Liability Assumed?
While the credit crisis has cooled of the commercial and industrial real estate market, transactions continue to occur at a slower pace. Allocation of risk and liability for environmental contamination is an important consideration in transactions that involve properties in which manufacturing, transportation or other commercial businesses operated.
In allocating responsibility for environmental clean up…
A Dozen Companies File Constitutional Challenge to 1-hour Hearings on Ohio Environmental Appeals
A discussed in prior posts, the Environmental Review Appeals Commission (ERAC) has taken an aggressive respond to deadlines imposed by the Ohio Legislature compelling ERAC to render decisions in 339 appeals in a matter of months. It issued orders in all pending appeals canceling prior hearings and establishing an expedited hearing format that consists of the…
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Ohio Federal Building LEEDs Controversy on Certifications
The New York Times reported on the controversy surrounding the energy performance of LEED certified buildings. Studies have shown that many LEED building receiving certification actually poorly perform when it comes to energy efficiency.
The Article points to a federal building in Youngstown, Ohio which would have failed to obtain U.S. EPA’s Energy Star…
EPA Gives Possible Timeline for Climate Change “Endangerment Finding”
More rumblings that EPA may move forward with regulation of greenhouse gases under its existing authority under the Clean Air Act. It appears EPA has started to rattle its saber in an effort to re-energize the cap-and-trade proposal currently in the Senate.