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
Joseph Koncelik
The focus of Joe’s practice is in all facets of environmental law as well providing counsel on issues relating to renewable energy and climate change.
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…
Significant Controversy Over U.S. EPA’s Boiler MACT Rules
On June 4, 2010, U.S. EPA released its much anticipated proposed standards for industrial boilers to reduce hazardous air pollutants ("HAPs"). Since their release, EPA has faced an outcry that the proposed standards are "fundamentally flawed" or "unachievable."
So what is the controversy?
EPA’s boiler standards are supposed to reflect the application of the maximum achievable…
U.S. EPA Solicits Proposals for Brownfield Assessment and Clean Up Grants
U.S. EPA has released its fiscal year 2011 request for proposals (RFP) for brownfield assessment and clean up grants. There is a relatively short window of opportunity to file your application- the deadline is October 15, 2010.
[Click here for access to U.S. EPA’s RFP for the brownfield assessment, clean up and revolving…
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…
EPA Plays Politics By Delaying Ozone Rule
Back in 2007, U.S. EPA was sued by some States and environmental groups who challenged the legitimacy of the ozone standard -75 parts per billion (ppb)- selected by the Bush Administration. In 2009, the Obama Administration announced that it was reconsidering the 75 ppb standard.
Ostensibly 75 ppb remains on the table. However, U.S. EPA is likely to…
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…
US EPA Attempts to Ease Transition to Greenhouse Gas Regulation for Large Sources
On August 12th, the U.S .EPA released two proposed rules to address the potential gap that exists while States adopt rules to regulate greenhouse gases (GHGs) from large stationary sources. What U.S. EPA is really doing is making sure all fifty states will be regulating GHGs beginning January 2011.
On May 12, 2010, U.S. EPA finalized its controversial…
Ohio- Center of Debate Over Biomass
There is a very good article in the Akron Beacon Journal discussing the debate over the use of biomass as a replacement for coal. Here is an excerpt from the beginning of the article (click here for full biomass article):
Burning Ohio trees at Burger sets fire to debate
Opponents are hot that
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EPA Releases Interim Guidance on Environmental Justice
In my tenure at Ohio EPA, no issue was as vexing as Environmental Justice (EJ). In a nutshell, there is a legitimate issue behind the concept of EJ- low income and minorities are exposed to more pollution. Here is how EPA presents the EJ issues:
Fair Treatment means that no group of people should bear a
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