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
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
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
Impact on Air Quality Without CAIR
I mentioned in my post discussing LADCO air quality meeting that I would put up the most relevant slides or graphics from all the presentation over the two days in Chicago. I think I can pretty much boil it down to two slides.
This slide was put together by U.S. EPA when meeting to discuss their
CAIR: EPA’s Path Forward Slow and Unclear
I participated today in a Midwest Air Quality Workshop in Chicago. At the workshop, Bill Harnett from U.S. EPA’s Office of Air Quality Planning and Strategy (OAQPS) gave an interesting presentation regarding U.S. EPA’s reaction to the vacatur of CAIR by the D.C. Circuit Court of Appeals. Here are a couple of the key issues
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
Arkansas Considers Ban on New Coal Plants
As reported in the Texarkana Gazette, the Arkansas State Commission on Global Warming is likely to recommend a ban on new coal fired power plants. The Commission is also proposing construction of a new $1.5 billion dollar plant be delayed until carbon sequestration technology can be added to the plant.
What is the
CAIR: EPA’s Petition for Rehearing Concedes “Major Flaws”
On September 24, 2008 U.S EPA filed its petition to the D.C. Circuit Court of Appeals for rehearing En Banc on the vacatur of the Clean Air Interstate Rule (CAIR). While focus may be on EPA’s request for rehearing, a significant concession was made in EPA’s brief that has major implications regardless of whether rehearing is granted.
CAIR: A Game of Chicken Over a Quick Fix
As reported on CNN, the Senate is debating how or whether to legislatively restore the CAIR program that was struck down in Court. EPA still has a week or so to decide whether to appeal, but all bets are that Congress needs to act in order to save the program.
The game of chicken centers around