In a much anticipated move, the Trump Administration has proposed the Affordable Clean Energy (ACE) rule as a replacement for the Obama Administration Clean Power Plan (CPP). While the CPP was controversial from the start for it broad regulation of the power industry, the ACE rule will be controversial as it signifies a 180 degree
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
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
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
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.
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
Last month, the D.C. Circuit Court of Appeals rejected challenges to U.S. EPA’s Tailoring Rule which establishes the permitting threshold for greenhouse gas (GHG) pollutants. On July 3rd, EPA issued a rulemaking that will maintain the current GHG thresholds for the immediate future. The question is how long before environmental groups push EPA to lower the thresholds?
In perhaps the biggest environmental decision in decades, the D.C. Circuit Court of Appeals upheld all aspects of EPA’s complex regulation of greenhouse gases under the Clean Air Act. Each piece of EPA regulation was controversial, yet the Court validated the overall approach paving the way for future action by EPA.
Flashback several years ago, when the Obama Administration stated
On March 28th, U.S. EPA released its highly controversial rulemaking which establishes a carbon dioxide (CO2) emission limit on new coal-fired power plants. All future coal-fired power plants will have to utilize an unproven technology, carbon capture and sequestration (CCS), to meet the emission limits. CCS involves capturing CO2 and injecting it deep beneath the earth’s
On February 24th, U.S. EPA announced that it would keep in tact the greenhouse gas (GHGs) thresholds for when federal permitting requirements would be triggered. In announcing that it would not ratchet down the trigger thresholds, EPA said state permitting authorities need more time to develop proper infrastructure as well as expertise in GHG permitting.