Two federal appeal courts (Fifth and Second Circuits) have issued decisions that will allow lawsuits to proceed that assert common law tort claims based on business contribution to climate change. Comer v. Murphy Oil USA Inc. is the second decision in the last two months to allow claims to proceed. Earlier in October, the
EPA Announces Risky Regulatory Approach on Climate Change
On September 30th, U.S. EPA announced the release of its proposed rule regulating emissions of greenhouse gases (GHGs) from large industrial sources. The proposal represents a risky move by U.S. EPA in the event climate change legislative efforts fail and U.S. EPA is forced to move forward with the rules. The risk is two fold: 1)
Federal Court Decision Increases Pressure on Congress to Pass Climate Change Legislation
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The Federal Court of Appeals (2nd Circuit) issued a major decision in the ever growing debate regarding action on climate change. The court is allowing states to proceed with a suit against power companies that calls for a court order to reduce emissions of greenhouse gases which contribute to global warming.
Eight states (California, Connecticut
Small Business See Benefits of Energy Efficiency Projects
Small businesses are deeply concerned with the economic impacts of the proposed cap-and-trade legislation currently pending in Congress. Although small businesses will not be covered by the cap, if a price is placed on carbon, small businesses will feel the economic impact through energy price increases. This is particularly true in the Midwest which is heavily
EPA Gives Possible Timeline for Climate Change “Endangerment Finding”
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More rumblings that EPA may move forward with regulation of greenhouse gases under its existing authority under the Clean Air Act. It appears EPA has started to rattle its saber in an effort to re-energize the cap-and-trade proposal currently in the Senate.
Rumors Swirl that EPA May Apply New Source Review to Sources of Greenhouse Gases
As reported in BNA and referenced in Foley & Hoag’s blog, EPA is rumored to be moving forward with application of New Source Review requirements to large sources of greenhouse gas emissions. BNA reported that EPA would likely set a trigger level of 25,000 tons of carbon dioxide or carbon dioxide equivalent emissions (other greenhouse
Cap and Trade: Job Killer or Call to Action for Coal Dependent States
Ohio faces a two headed hydra when it comes to the impact of the proposed cap-and-trade bill in Congress- the American Clean Energy and Security Act of 2009 (ACES):
- Ohio generates almost 90% of its energy from coal;
- Manufacturing represents one the largest employment sectors in Ohio (ranking 3rd nationally with 1.1 million workers as