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
global warming
EPA Responds to Deseret Power, CO2 Not a Regulated Pollutant
When the Environmental Review Board (EAB) issued its decision in Deseret Power, the Sierra Club and many others across the Internet declared victory claiming the decision would block permits for new coal fired power plants for the immediate future. Looks like they may have been premature…
The EPA issued a significant interpretive memorandum in response to the Deseret Power…
Group Think on Obama’s Environment and Climate Team
President Elect Obama has prided himself on appointing a mix of opinions in his cabinet and senior advisors. For example, his National Security team is made up a former political rival and a Republican from the Bush Administration. Obama has said he studied history and identified a possible issue in past presidencies is not fostering a diverse mix…
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…
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…
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…
Utah Supreme Court Allows Citizens to Vote on New Coal Plant
The creativity of those opposed to new coal plants seems to have no bounds. The most recent effort is to place a referendum on the ballot to allow citizens to vote whether a permit should be issued for a new coal plant in Utah. The referendum would amend the county’s conditional-use permit ordinance to require voter approval prior…
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…