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
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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Yesterday, U.S. EPA announced its proposed non-attainment designations for counties not meeting the new P.M. 2.5 (fine particle) pollution standard. Ohio was second only to California in total counties designated non-attainment with 28 total counties.
A county’s designation as non-attainment makes economic development efforts more difficult and increases competitive pressure on existing businesses. The
In my previous post on the CAIR decision, I discussed the environmental and practical ramifications of the Court’s decision vacating the program. While speaking at a large permitting seminar for manufacturer’s, I had a chance to discuss the conclusions of my prior post with some State officials. While I was correct that the CAIR decision complicates
For the first time a court has revoked a permit due to concerns over C02 emissions and climate change. While there have been previous instances where states have denied permits due to concerns with C02 emissions, this is the first time a court has revoked a previously issued permit. Notably, the Court did not base its decision on state law, rather it ruled the Clean Air Act (CAA) requires analysis and control of C02 emissions.
Other courts are currently hearing similar challenges. If this decision is a trend it will have major implications for any new facilities seeking an air permit. In a future blog post I will discuss the implications of using the Clean Air Act, specifically the New Source Review provisions, to regulate CO2. Much speculation has been made as to whether CO2 will be regulated even without action by Congress on comprehensive climate change legislation.
The CO2 decision was issued on June 20, 2008 in Georgia’s Fulton County Superior Court. The Georgia Environmental Protection Division had approved a permit for the construction of a proposed 1200-megawatt coal-fired power plant. Environmental groups, including the Sierra Club, challenged the permit saying the plant’s emission of 8-9 million tons of CO2 had to be considered. Siding with the Sierra Club, the Court overturned the State’s issuance and sent the permit back to perform the analysis it said was required under the CAA.
Note: According to Sourcewatch, between 2007 and 2008, plans for 69 coal plants have been canceled.Continue Reading First Court Revokes Air Permit Over CO2 and Clean Air Act