The D.C. Circuit Court of appeals issued a major rebuke to those who believe climate change is no longer relevant in environmental reviews. In Sierra Club v. FERC, No. 16-1329 (D.C. Cir. Aug. 22, 2017), the Court agreed with environmental groups, including the Sierra Club, that the Federal Energy Regulatory Commission (FERC) failed to adequately analyze
Justice Scalia’s Passing Has Major Implications for the Clean Power Plan
With the surprising and sad news over the weekend of Justice Scalia’s passing, many critical decisions before the Supreme Court suddenly got more interesting. This is certainly the case with the Clean Power Plan.
Last Week, in the first time in history the Court issued a stay of the effectiveness of the rule while the
Supreme Court Deals Major Blow to EPA’s Ambitious Clean Power Plan
Yesterday, the Supreme Court issued a stay of the Obama Administration’s Clean Power Plan (CPP) after the lower Court had denied to grant such relief. Currently, the legal challenge to the validity of the rule is pending before the D.C. Circuit Court of Appeals. The Supreme Court had never previously issued a stay of a
WKSU Radio Interview Regarding Clean Power Plan
I was fortunate enough to be asked to participate in a radio interview with Jeff St. Clair, WKSU Radio, regarding the Clean Power Plan. It was an interesting discussion of the legal questions surrounding the plan as well as a broader discussion of the state of environmental regulation in the United States.
Here is an
Clean Power Plan- An Ambitious Plan with Serious Legal Issues
On August 3rd, the Obama Administration and U.S. EPA released the much-anticipated final Clean Power Plan designed to curtail greenhouse gas emissions to combat climate change. The regulations promise to be the most comprehensive, complex and costly regulatory program ever launched without specific authorization from Congress.
How the Plan Works
The final plan calls
Why the Latest Supreme Court Climate Change Ruling is a Big Deal
On Monday, the U.S. Supreme Court issued the next major climate change decision in Utility Air Regulatory Group v. EPA (UARG). In reading commentary across the web it appears most think the Court’s decision isn’t really a big deal. After all, the Court upheld EPA’s permitting authority to regulate greenhouse gases (GHGs) from stationary sources.
EPA’s Power Sector Carbon Pollution Standards
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On June 2, 2014, U.S. EPA released its Clean Power Plan Proposal to address carbon dioxide (CO2) emissions from existing power plants. EPA continues to move forward with climate change initiatives as gridlock in Congress persists over the issue. EPA’s strategy has been to target transportation and the power sector, the two largest sources
Supreme Court Hears Arguments Regarding “Absurd Results” and Permitting for Greenhouse Gases
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On February 24th, the Supreme Court heard oral arguments in Utility Air Regulatory Group v. EPA– the case which challenges EPA’s attempt to phase in permitting requirements for sources of greenhouse gases (GHGs). In the end, the case may be much to do about nothing…except another example of how congressional gridlock prevents logical resolutions
Reality Check: Impact of President Obama’s Climate Change Initiative on Coal Fired Power Plants
On September 30th, the Congressional Research Service released a very interesting report titled "EPA Standards for Greenhouse Gas Emissions from Power Plants: Many Questions, Some Answers." The report was prepared as a review of the effect of recent new Clean Air Act regulations on existing and future coal fired power plants.
How New
Is the Hot Summer Breathing New Life into Addressing Climate Change?
It is an issue that just won’t go away…Our incredibly hot summer seems to have re-focused attention on doing something regarding climate change.
James E. Hansen, director of NASA’s Goddard Institute for Space Studies, in Friday’s Washington Post, announced the release of a new study. The title of Mr. Hansen’s op-ed piece shows what the