Here are some snapshots of some of the latest developments regarding the Congressional debate over cap and trade legislation. For the first time serious consideration of legislation is underway. As a result, groups are beginning to develop their public positions. Meanwhile, businesses continue to feel increasing pressure to address the risks associated with climate
clean air act
Carbon Cap Legislation Will Be A Struggle, But Success Is Essential
If you are like me you have noticed a lot more people talking about climate change in the last month. President Obama’s cap and trade proposal has certainly garnered more attention on the subject. Many opponents tend to ask why we should be pursuing such a massive program in the middle of an economic crisis. …
Improving Air Quality Good News to Cleveland Area Businesses
There is good news for area businesses. Additional compliance costs and restrictions on economic growth will be avoided that were deemed all but certain a few years ago. The compliance costs were associated with new air pollution controls needed to achieve U.S. EPA’s 1997 8-hour ozone standard (0.85 ppm). The deadline to meet this…
President Obama Orders Review of California CO2 Waiver
In remarks titled "from peril to progress", the President set forth bold action yesterday that will inevitably lead to full regulation of CO2 and greenhouse gas emissions. The President ordered a "vigorous review" of California’s request to regulate greenhouse gas emissions which had been previously denied by the Bush Administration. [President Obama’s memo ordering a…
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…
Rhode Island CO2 Regulation of Autos Updheld
A federal district court in Rhode Island has dismissed all the claims filed by the Auto companies seeking to strike down Rhode Island’s greenhouse gas regulations for new cars. The decision did not reach the merits of regulating greenhouse gases from automobiles. The Federal Court ruled that the Auto companies were prevented from challenging the…
Regulation of Greenhouse Gases Under the Clean Air Act “Absurd”
ABSURD –adjective 1.utterly or obviously senseless, illogical, or untrue; contrary to all reason or common sense; laughably foolish or false: an absurd explanation. –noun 2.the quality or condition of existing in a meaningless and irrational world. |
It is hard to believe but there are those who think regulating greenhouse gases under the current framework…
Politics Won’t Decide Whether CO2 Is Regulated Under the Clean Air Act
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…
Lawsuit Challenges State’s Right to Modify its Air Pollution Control Plan
A lawsuit filed this week raises an important question about the relationship between the federal government and states pertaining to environmental regulations. At issue is how much flexibility state’s have to modify their air pollution control plans used to comply with federal air quality standards. As reported in the Columbus Dispatch, the Sierra Club has challenged…