As reported in the New York Times, Senator Murkowski announced that the Senate will vote June 10th on her resolution to block EPA from implementing climate change regulation under the Clean Air Act. The proposal was announced this past December and the vote follows finalization of EPA regulations that will initiate regulation of
Phasing in Greenhouse Gas Permitting- EPA’s “Tailoring Rule”
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Greenhouse Gas Regulation Commences January 2, 2011 without Legislation
On May 13, 2010, EPA finalized its regulatory approach for control greenhouse gases (GHGs) from large stationary sources. As discussed in prior posts, the statutory thresholds for triggering EPA’s New Source Review program (NSR) are 100/250 tons per year of a regulated Clean Air Act pollutant.
As
Two Roads for Addressing Climate Change
Last week, two distinct paths clearly emerged for addressing climate change. The first, legislation that would put in place a market mechanism to reduce emission over time- the Kerry-Lieberman Bill. The second, EPA’s use of its existing regulatory authority under the Clean Air Act to reduce greenhouse (GHGs) emissions (EPA Tailoring Rule)
EPA
EPA Ends “Opt-Out” in Lead Abatement Rule
On April 23, 2010 EPA is finalized revisions to the Lead Renovation, Repair, and Painting Program (RRP) that went final on April 22, 2008.
Under the revisions EPA eliminates the “opt-out” provision that currently exempts a renovation firm from the training and work practice
requirements if the firm obtains certification from the owner that no child under age
Expansive Pre-emption in Climate Bill is Right Focus
Last week, Senator Voinovich drew attention and criticism for proposing a significant expansion of the preemption language in the forthcoming bi-partisan climate bill to be introduced by Senators Kerry, Lieberman and Graham. Failure to carefully consider the preemption language and possible additional limits on other regulatory authority would be short-sighted.
One of the main reasons for Congress
EPA to Expand Greenhouse Gas Reporting Rule
On October 30, 2009 U.S. EPA finalized the first mandatory rule related to climate change- Greenhouse Gas (GHG) Mandatory Reporting Rule. Beginning this year 31 industries must track and report their emissions. Overall, the original GHG mandatory reporting rule required reporting for an estimated 85 percent of the total GHG emissions in the U.S.
Only a
President Tries to Jump Start Climate Legislation as Public Support Dwindles
The President called together key Senators and members of his cabinet in hopes of re-invigorating stalled discussions in the Senate over climate change legislation. This summer the House of Representatives passed a bill that would require greenhouse gas reductions of 17 percent by 2020 compared with 2005 levels. Since legislative debate moved to the Senate, a viable
EPA Provides Quick and Detailed Response to Senators on Climate Regulations
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On February 19th, eight Democrat Senator’s wrote a letter to EPA regarding its plans for issuance of greenhouse gas regulations for vehicles, factories and power plants. This from the Wall Street Journal:
The lawmakers, including prominent Senators Max Baucus, (D., Mont.), Carl Levin, (D., Mich.) and John Rockefeller, (D., W.V), warned EPA chief Lisa Jackson
Climate Update: SEC Guidance, EPA and Cap & Trade
The twists and turns in the saga of regulation greenhouse gases (GHGs) continue. After the State of the Union and release of the President’s budget, there is speculation that President Obama has abandoned Cap & Trade legislation.
Meanwhile, businesses face greater risk as a result of new and impending regulatory action. The Securities and Exchange Commission (SEC) has issued guidance telling companies
Climate Regulation Update: Cap and Trade Unlikely; Regulation a Certainty
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I was giving a speech to a trade association last night regarding Cap and Trade legislation in Congress. The sentiment of most participants in this manufacturing group was that they had dodged a major bullet because passage of a bill looks very unlikely. While that is true, I told the audience don’t lose sight of