In yesterday’s post, I discussed the possibility of E-check expanding in Ohio as a result of U.S. EPA’s proposed revisions to implementation of the 1997 8-hour ozone standard (.08 ppm). Today I want to discuss the larger
US EPA
E-Check May Come Back to Cincinnati Under EPA Proposed Rule
[NOTE: THIS POST WAS REVISED BASED UPON ADDITIONAL REVIEW AND INFORMATION] The unpopular automobile tail pipe test known as E-check may resurface in Cincinnati under a U.S. EPA proposed rule. Right now, Cleveland is the only area in Ohio with E-check because the area is under a federal mandate to operate the test. That federal mandate could expand under a recent U.S.
Sen. Boxer Challenges EPA Deseret Power Memo
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…
Ohio Finalizes Emission Trading Bank for Offsets
Ohio EPA wants to make it easier for economic development to occur in areas like Cleveland, which are designated "non-attainment" with the federal air quality standards (NAAQS) such as ozone or PM 2.5. Federal regulations require companies looking to build or expand in these areas to offset their emissions. Offset is achieved by securing the requisite emission…
Court Saves CAIR, Remands to EPA
The D.C. Circuit Court of Appeals issued its much anticipated decision in response to U.S. EPA’s request for reconsideration of the decision vacating the CAIR program. The decision marks an important victory for U.S. EPA, the State and provides some level of certainty for utilities.
The Court decided to remand the rule to U.S.
Control of Hazardous Air Pollutants from Coal Plants
All the recent climate change related litigation has overshadowed major activity around control of hazardous air pollutants (HAPs) from coal plants. Mercury is one such HAP. Back in February 8, 2008 in New Jersey v. EPA, the D.C. Circuit Court of Appeals threw out U.S. EPA’s cap and trade program for mercury, known as the Clean Air…
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…
CAIR Update- Court Considers a Stay Allowing EPA to Fix the Cap and Trade Program
Is the Court showing signs that it may have gone too far is throwing out CAIR? After EPA filed a request for rehearing, a hopeful sign emerged last month when the Court asked the parties challenging CAIR to respond to two questions:
- Does any party really want the entire rule thrown out (vacatur)?
- Should the Court
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CAIR Update: Court Asks Utilities Whether To Throw Out the Program
As reported by Platts, on October 21st the D.C. Circuit Court of Appeals asked whether the parties involved in the lawsuits that led to vacatur of the Clean Air Interstate Rule (CAIR) want the entire rule to be thrown out or to be kept in place until U.S. EPA revises the rule.
The US
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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…