The D.C. Circuit Court of appeals issued a major rebuke to those who believe climate change is no longer relevant in environmental reviews. In Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), the Court agreed with environmental groups, including the Sierra Club, that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze
CO2
Justice Scalia’s Passing Has Major Implications for the Clean Power Plan
With the surprising and sad news over the weekend of Justice Scalia’s passing, many critical decisions before the Supreme Court suddenly got more interesting. This is certainly the case with the Clean Power Plan.
Last Week, in the first time in history the Court issued a stay of the effectiveness of the rule while the…
Clean Power Plan- An Ambitious Plan with Serious Legal Issues
On August 3rd, the Obama Administration and U.S. EPA released the much-anticipated final Clean Power Plan designed to curtail greenhouse gas emissions to combat climate change. The regulations promise to be the most comprehensive, complex and costly regulatory program ever launched without specific authorization from Congress.
How the Plan Works
The final plan calls…
EPA’s Power Sector Carbon Pollution Standards
On June 2, 2014, U.S. EPA released its Clean Power Plan Proposal to address carbon dioxide (CO2) emissions from existing power plants. EPA continues to move forward with climate change initiatives as gridlock in Congress persists over the issue. EPA’s strategy has been to target transportation and the power sector, the two largest sources…
EPA Maintains Tailoring Rule Thresholds for Greenhouse Gas Permitting…But the Clock is Ticking
Last month, the D.C. Circuit Court of Appeals rejected challenges to U.S. EPA’s Tailoring Rule which establishes the permitting threshold for greenhouse gas (GHG) pollutants. On July 3rd, EPA issued a rulemaking that will maintain the current GHG thresholds for the immediate future. The question is how long before environmental groups push EPA to lower the thresholds?
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Cheap Gas Fosters EPA Carbon Cap on Future Coal Plants
On March 28th, U.S. EPA released its highly controversial rulemaking which establishes a carbon dioxide (CO2) emission limit on new coal-fired power plants. All future coal-fired power plants will have to utilize an unproven technology, carbon capture and sequestration (CCS), to meet the emission limits. CCS involves capturing CO2 and injecting it deep beneath the earth’s…
EPA Decides Not to Ratchet Down Federal Permitting Thresholds for Greenhouse Gases
On February 24th, U.S. EPA announced that it would keep in tact the greenhouse gas (GHGs) thresholds for when federal permitting requirements would be triggered. In announcing that it would not ratchet down the trigger thresholds, EPA said state permitting authorities need more time to develop proper infrastructure as well as expertise in GHG permitting.…
Supreme Court Bars Federal Nuisance Climate Change Suit
Today, the U.S. Supreme Court released their opinion in AEP v. Connecticut in which the Court held that the Clean Air Act ("CAA") and the EPA actions on regulating greenhouse gas emissions displaced any federal common-law right to seek greenhouse gas emission reductions. The suit was filed by Eastern States and non-profit land groups against coal-fired power plants in…
EPA BACT Guidance for GHGs- Tough Sledding for First Permits
As Congress failed to pass climate change legislation, U.S. EPA will begin regulating greenhouse gases (GHGs) using its existing authority under the Clean Air Act. Beginning 2011, major sources of GHGs will be required to analyze methods for reducing emissions when seeking federal permits for expansion or construction of new sources.
When is a federal review of GHGs…
Phasing in Greenhouse Gas Permitting- EPA’s “Tailoring Rule”
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…