Recently, there has been quite a buzz around the issue of using the existing authority in the Clean Air Act to regulate greenhouse gas emissions. In July, U.S. EPA issued its Advanced Notice of Proposed Rulemaking (ANPR) responding to the Supreme Court’s decision in Massachusetts v. EPA and soliciting comment on use of the Clean Air Act to regulate greenhouse gases
Decision on CO2 Won’t Wait for EPA
Lets get everyone up to speed with events on regulation of greenhouse gases (GHGs) including CO2:
1. Supreme Court says CO2 is a pollutant under the Clean Air Act. In Massachusetts v. EPA decided in April of 2007, the Supreme Court held that GHGs are pollutants that may be regulated under the Clean Air Act. But
Utah Supreme Court Allows Citizens to Vote on New Coal Plant
The creativity of those opposed to new coal plants seems to have no bounds. The most recent effort is to place a referendum on the ballot to allow citizens to vote whether a permit should be issued for a new coal plant in Utah. The referendum would amend the county’s conditional-use permit ordinance to require voter approval prior
Gore Calls For Protests to Stop New Coal Plants Over Global Warming
Al Gore, speaking at the annual meeting of the Clinton Global Initiative, called for young people to perform acts of civil disobedience to stop construction of new coal plants. He also has called for State Attorney Generals to review whether utilities are committing stock fraud by discounting the threat of global warming.
I put
Arkansas Considers Ban on New Coal Plants
As reported in the Texarkana Gazette, the Arkansas State Commission on Global Warming is likely to recommend a ban on new coal fired power plants. The Commission is also proposing construction of a new $1.5 billion dollar plant be delayed until carbon sequestration technology can be added to the plant.
What is the
Carbon Sequestration Regulation and Permitting Moves Forward
Carbon capture and sequestration (CCS) is a critical strategy proposed for combating climate change. It involves the injection of CO2, a greenhouse gas, generated by coal-fired power plants and industrial facilities deep beneath the earth’s surface for long term storage.
There are potential significant issues with CCS, including:
- 1. Pollutants from the plant mixing with the CO2 that is injected leading
Latest Climate Change Lawsuit Targets Refinery Emissions
As reported in various newspapers, several states have moved forward with the next round of climate change litigation. The States have sued U.S. EPA arguing that the Agency illegally refused to regulate greenhouse gas emissions (GHG) from refineries.
Thelen’s Climate Law Update, had a recent post discussing the lawsuit:
New York, California and 10 other states
Ohio Utilities Commission Proposes Mandatory Reporting for Greenhouse Gas Emissions
On August 20th, the Public Utilities Commission of Ohio proposed rules governing greenhouse gas reporting and carbon dioxide control planning. Parties wishing to file comments have until September 6th to file comments.
The most interesting aspect of the rule is it proposes to mandate all electric generating facilities in Ohio become participating members in
Overhaul to Endagered Species Act Detracts from the Global Warming Debate
MSNBC reported today that the Interior Department has proposed changes to the rules governing required reviews under the Endangered Species Act (ESA). From the news report is appears the two most significant proposed changes are:
- Removal of the requirement to "consult" with Fish and Wildlife or other federal experts as part of the required review
CAIR: Summary of Senate Committee Hearing
The U.S. Senate Environment and Public Works Committee held a timely hearing on the effect of the Court of Appeals decision vacating CAIR. There was testimony from US EPA, State, Utilities and one Environmental Group.
The Senators and all who testified agreed on certain items:
- Substantial health benefits will be lost without action to replace