As reported in the New York Times, Senator Murkowski announced that the Senate will vote June 10th on her resolution to block EPA from implementing climate change regulation under the Clean Air Act. The proposal was announced this past December and the vote follows finalization of EPA regulations that will initiate regulation of
Phasing in Greenhouse Gas Permitting- EPA’s “Tailoring Rule”
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Greenhouse Gas Regulation Commences January 2, 2011 without Legislation
On May 13, 2010, EPA finalized its regulatory approach for control greenhouse gases (GHGs) from large stationary sources. As discussed in prior posts, the statutory thresholds for triggering EPA’s New Source Review program (NSR) are 100/250 tons per year of a regulated Clean Air Act pollutant.
As
Two Roads for Addressing Climate Change
Last week, two distinct paths clearly emerged for addressing climate change. The first, legislation that would put in place a market mechanism to reduce emission over time- the Kerry-Lieberman Bill. The second, EPA’s use of its existing regulatory authority under the Clean Air Act to reduce greenhouse (GHGs) emissions (EPA Tailoring Rule)
EPA
Addressing the State Liability Gap in the Federal “Innocent Landowner Defense”
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Liability for pre-existing contamination acts as a strong deterrent to re-use of brownfield properties. Prospective purchasers simply do not want to expose themselves to potential liability especially when they had nothing to do with the contamination.
At the federal level, there has been an attempt to address liability exposure in order to provide prospective purchasers some level