The AP is reporting that the Republican controlled House is expected to introduce legislation shortly that will strip all authority from U.S. EPA to regulate greenhouse gases (GHGs) under its existing authority in the Clean Air Act. This would specifically target the EPA’s endangerment finding and could possibly go as far as saying GHGs are not
Climate Change
Congress Attempts to Block EPA GHG Power; Ohio Moves Forward
As discussed in the Wall Street Journal, it didn’t take long before a flurry of bills were introduced in Congress to stop EPA from moving forward with its controversial greenhouse gas (GHGs) regulations. After passage of the deal to extend Bush era tax cuts, halting EPA efforts is seen as the next major action needed to continue the…
Federal Court Rejects Industry Plea to Delay EPA Greenhouse Gas Rules
The D.C. Circuit Court of Appeals has rejected an industry request to delay implementation of U.S. EPA’s greenhouse gas permitting requirements. Industry had requested a stay on the effectiveness of the rules while it proceeds with its full legal challenge to the Agency’s Endangerment Finding.
(Prior Post Discussing Lawsuit and Industry Arguments for Blocking the Effectiveness…
Cap and Trade or Command and Control?
With prospects dead for federal cap and trade climate change legislation, the focus for market mechanisms to reduce greenhouse gas (GHG) emissions shifts to the states. Meanwhile, as discussed in my last post, EPA is left moving forward with its command and control regulations to reduce GHGs under the Clean Air Act.
After the defeat of Proposition 23, California’s…
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…
Target Date of Climate Legislation- 2014?
While the political and policy focus is clearly on the Country’s struggling economy, caught within that debate is U.S. policy on climate change. As the economy continued to languish this summer, any hope of a cap and trade bill emerging from Congress died.
The bill was a victim of a Congress that created a Christmas tree of…
Business Groups Seek Stay of EPA Climate Change Rules for Stationary Sources
A coalition of business groups, including the National Association of Manufacturers, have filed a request to block the effectiveness of EPA’s climate change rulemaking. The business groups have filed a motion seeking a stay of the effectiveness of EPA regulations that will soon require stationary sources (factories, utilities and boilers) to reduce greenhouse gas…
Midterm Election Fallout for Climate Change
By all accounts, Republicans are set to enjoy major gains in both the House and Senate following midterm elections. Speculation is that the Republicans could likely regain control of the House and could even get close in the Senate.
What implications could this change in the political landscape have for climate change regulation?
We have already…
Obama Administration Opposes Use of Nuisance Claims to Address Climate Change
A group of eight states and conservation groups ("Plaintiffs") have been pushing a massive federal nuisance claim against utilities. The Plaintiffs claim that major emitters of carbon dioxide in twenty states have created, contributed to, or maintained a common-law public nuisance by contributing to global warming thereby injuring States and landowners feeling the impacts of climate change. (See…
Politics, Litigation and Debate Heats Up Over Climate Change
After this summer’s anti-climatic end to federal climate change legislation, some thought that perhaps there would be a temporary end of the discussion of climate change regulation. However, recent weather events (wildfires in Russia, floods in Pakistan and an ice sheet breaking off Greenland) and extreme heat have reinvigorated the debate.
Here is some highlights…