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In accordance with the FY2008 Consolidated Appropriations Act, the U.S. Environmental Protection Agency (EPA) has issued its proposed rule to require annual mandatory reporting of greenhouse gases from over 13,000 businesses. Businesses covered by the rule must start tracking emissions by 2010 and report in 2011 on an annual basis. While specific sources are
Obama’s Cap and Trade Proposal Gets Mixed Reviews
No doubt the President’s budget includes a very ambitious proposal cap and trade proposal to address Climate Change. The President Budget provides an overview of the proposal in the EPA budget:
After enactment of the Budget, the Administration will work expeditiously
with key stakeholders and Congress to develop an economy-wide emissions reduction program to reduce
New Environmental Board Ruling Ignores Johnson CO2 Memo
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On February 18th another permit, Northern Michigan University Ripley Heating Plant, for a new coal facility was remanded by U.S. EPA’s Environmental Board of Review. The Board remanded the permit because the State (the Michigan Department of Environmental Quality), in issuing the permit, failed to address whether CO2 was a regulated pollutant under the Clean Air
Mercury, Cap and Trade, California Waiver and Other Developments on Climate Change and Coal
There has been major developments as a result of litigation, policy, rulemaking and legislation in the last few weeks relating to climate change and coal fired power plants. Some changes are a result of outstanding litigation. However, the most significant changes are indicative of the sea change that is occurring at the federal level under
Between the Lines of the EPA Administrator Memo
Today, EPA Administrator-designate Lisa P. Jackson distributed a memo to all employees of EPA. The memo outlines her and President Obama’s philosophy of environmental protection. The memo is an interesting demarcation of the major changes that are coming in the realm of environmental protection.
Some priorities Ms. Jackson is very upfront about, such as
Nuisance Finding Gives Downwind States New Ammo in the Long Cross-Border Pollution War
On January 13, 2009, Judge Lacy Thornburg of the District Court for the Western District of North Carolina issued a major decision in case of North Carolina v. TVA. When filed, this case was seen as another chapter in the on-going battle between downwind and upwind states over cross-border pollution.
However, the decision and implications
Court Saves CAIR, Remands to EPA
The D.C. Circuit Court of Appeals issued its much anticipated decision in response to U.S. EPA’s request for reconsideration of the decision vacating the CAIR program. The decision marks an important victory for U.S. EPA, the State and provides some level of certainty for utilities.
The Court decided to remand the rule to U.S.
Control of Hazardous Air Pollutants from Coal Plants
All the recent climate change related litigation has overshadowed major activity around control of hazardous air pollutants (HAPs) from coal plants. Mercury is one such HAP. Back in February 8, 2008 in New Jersey v. EPA, the D.C. Circuit Court of Appeals threw out U.S. EPA’s cap and trade program for mercury, known as the Clean Air
Group Think on Obama’s Environment and Climate Team
President Elect Obama has prided himself on appointing a mix of opinions in his cabinet and senior advisors. For example, his National Security team is made up a former political rival and a Republican from the Bush Administration. Obama has said he studied history and identified a possible issue in past presidencies is not fostering a diverse mix
CAIR Update- Court Considers a Stay Allowing EPA to Fix the Cap and Trade Program
Is the Court showing signs that it may have gone too far is throwing out CAIR? After EPA filed a request for rehearing, a hopeful sign emerged last month when the Court asked the parties challenging CAIR to respond to two questions:
- Does any party really want the entire rule thrown out (vacatur)?
- Should the Court