Senator Barbara Boxer sent a letter to the Department of Justice demanding withdraw of what she calls a "blatantly illegal memo" issued by EPA Administrator Steve Johnson in response to the Deseret Power decision. The memo says that CO2 (and other greenhouse gases-GHGs) are not yet regulated pollutants under the Clean Air Act. As
CO2 Decision Impacts Ohio Coal Plant Permits

It didn’t take long for the Deseret Power Decision to come back to Ohio. The debate is over whether a permit for the proposed coal to liquid fuel plant proposed by Baard Energy and AMP Ohio’s new coal power plant can move forward in light of the decision. Here is a sampling of the debate…
Deseret Power Case: CO2 Regulation Issue Punted to Obama Administration
Talk about your pro-bowl quality punts…U.S. EPA’s Environmental Appeals Board made a major one this week on the issue of climate change. All eyes were fixated on the Board waiting for their decision on whether the Clean Air Act requires immediate regulation of greenhouse gases (GHGs-which include CO2). The Board’s answer? We would rather…
Regulation of Greenhouse Gases Under the Clean Air Act “Absurd”
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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…
Gore Calls For Protests to Stop New Coal Plants Over Global Warming
Al Gore, speaking at the annual meeting of the Clinton Global Initiative, called for young people to perform acts of civil disobedience to stop construction of new coal plants. He also has called for State Attorney Generals to review whether utilities are committing stock fraud by discounting the threat of global warming.
I put…
Arkansas Considers Ban on New Coal Plants

As reported in the Texarkana Gazette, the Arkansas State Commission on Global Warming is likely to recommend a ban on new coal fired power plants. The Commission is also proposing construction of a new $1.5 billion dollar plant be delayed until carbon sequestration technology can be added to the plant.
What is the…
Carbon Sequestration Regulation and Permitting Moves Forward

Carbon capture and sequestration (CCS) is a critical strategy proposed for combating climate change. It involves the injection of CO2, a greenhouse gas, generated by coal-fired power plants and industrial facilities deep beneath the earth’s surface for long term storage.
There are potential significant issues with CCS, including:
- 1. Pollutants from the plant mixing with the CO2 that is injected leading
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Latest Climate Change Lawsuit Targets Refinery Emissions
As reported in various newspapers, several states have moved forward with the next round of climate change litigation. The States have sued U.S. EPA arguing that the Agency illegally refused to regulate greenhouse gas emissions (GHG) from refineries.
Thelen’s Climate Law Update, had a recent post discussing the lawsuit:
New York, California and 10 other states
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