Insight & Commentary for the Business and Legal Community
In early November, the EPA sent to OMB the next significant regulation governing greenhouse gas emissions. Under the latest rule, EPA would establish CO2 emission standards for new and modified coal-fired power plants.
The new rule is titled the Greenhouse Gas New Source Performance Standard (NSPS) for Electric Utility Steam Generating Units. The NSPS standards are based…
It is no secret that EPA and its wave of recent and forthcoming regulations have stirred up much angst among Republicans in Congress. Many industry groups argue that EPA’s rulemaking, especially its anticipated announcement of a much stricter ozone standard, will have a devastating impact on our fragile economy.
While plenty of bills have been floated since…
Today, the U.S. Supreme Court released their opinion in AEP v. Connecticut in which the Court held that the Clean Air Act ("CAA") and the EPA actions on regulating greenhouse gas emissions displaced any federal common-law right to seek greenhouse gas emission reductions. The suit was filed by Eastern States and non-profit land groups against coal-fired power plants in…
On Monday, EPA announced it was delaying its proposed rules that would apply greenhouse gas emission standards to power plants. EPA said it would push the proposal back from July to September to allow more time to consider comments. EPA still expects to finalize the rule by May 2012.
Its no secret that EPA regulations have been the focus…
The AP is reporting that the Republican controlled House is expected to introduce legislation shortly that will strip all authority from U.S. EPA to regulate greenhouse gases (GHGs) under its existing authority in the Clean Air Act. This would specifically target the EPA’s endangerment finding and could possibly go as far as saying GHGs are not…
As discussed in the Wall Street Journal, it didn’t take long before a flurry of bills were introduced in Congress to stop EPA from moving forward with its controversial greenhouse gas (GHGs) regulations. After passage of the deal to extend Bush era tax cuts, halting EPA efforts is seen as the next major action needed to continue the…
The D.C. Circuit Court of Appeals has rejected an industry request to delay implementation of U.S. EPA’s greenhouse gas permitting requirements. Industry had requested a stay on the effectiveness of the rules while it proceeds with its full legal challenge to the Agency’s Endangerment Finding.
(Prior Post Discussing Lawsuit and Industry Arguments for Blocking the Effectiveness…
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…
As Congress failed to pass climate change legislation, U.S. EPA will begin regulating greenhouse gases (GHGs) using its existing authority under the Clean Air Act. Beginning 2011, major sources of GHGs will be required to analyze methods for reducing emissions when seeking federal permits for expansion or construction of new sources.
When is a federal review of GHGs…
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…
