In a major upset, Donald Trump wins the Presidency last night. In less than twenty-four hours after the official concession by Secretary Clinton, people are scrambling to figure out what a Trump Presidency really means. Because he was purposefully silent on specifics during the General Election, many are left this morning "reading the tea leaves"
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
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
Quick Hits: Boiler MACT Delayed; S.C. to Hear Climate Change Nuisance Case
Boiler MACT Rules- On December 7th, EPA filed a motion with the Court requesting more time in order to re-propose the Boiler MACT rules and allow for public comment. In EPA’s motion to the Court, EPA sets forth following timetable if its motion is granted to move impending January deadline is moved to April: it will publish
Cap and Trade or Command and Control?
With prospects dead for federal cap and trade climate change legislation, the focus for market mechanisms to reduce greenhouse gas (GHG) emissions shifts to the states. Meanwhile, as discussed in my last post, EPA is left moving forward with its command and control regulations to reduce GHGs under the Clean Air Act.
After the defeat of Proposition 23, California’s
Target Date of Climate Legislation- 2014?
While the political and policy focus is clearly on the Country’s struggling economy, caught within that debate is U.S. policy on climate change. As the economy continued to languish this summer, any hope of a cap and trade bill emerging from Congress died.
The bill was a victim of a Congress that created a Christmas tree of
Business Groups Seek Stay of EPA Climate Change Rules for Stationary Sources
A coalition of business groups, including the National Association of Manufacturers, have filed a request to block the effectiveness of EPA’s climate change rulemaking. The business groups have filed a motion seeking a stay of the effectiveness of EPA regulations that will soon require stationary sources (factories, utilities and boilers) to reduce greenhouse gas
Midterm Election Fallout for Climate Change
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By all accounts, Republicans are set to enjoy major gains in both the House and Senate following midterm elections. Speculation is that the Republicans could likely regain control of the House and could even get close in the Senate.
What implications could this change in the political landscape have for climate change regulation?
We have already
Obama Administration Opposes Use of Nuisance Claims to Address Climate Change
A group of eight states and conservation groups ("Plaintiffs") have been pushing a massive federal nuisance claim against utilities. The Plaintiffs claim that major emitters of carbon dioxide in twenty states have created, contributed to, or maintained a common-law public nuisance by contributing to global warming thereby injuring States and landowners feeling the impacts of climate change. (See