As part of the Fit for 55 package, the Commission presented a proposal to revise Directive 2003/87 establishing a system for GHG emission allowance trading within the EU, as well as related legal acts. According to the Commission’s Explanatory Memorandum, ensuring continued effective protection for the sectors exposed to a significant risk of carbon leakage … Continue Reading
In the midst of the COVID-19 pandemic, US EPA and the US Department of Transportation (DOT) issued the final rule rolling back greenhouse gas (GHG) emissions standards for vehicles. This long-awaited final rule was proposed in August 2018 and represents the culmination of an extended and controversial rulemaking. We have previously covered the rollback and related … Continue Reading
Disagreements between California and the US Environmental Protection Agency (US EPA) over greenhouse gas (GHG) standards for automobiles have been simmering since 2018, but tensions between the two sides have recently increased after California entered into a voluntary agreement on GHG standards with a group of major automakers, followed swiftly by US EPA’s withdrawal of California’s authority … Continue Reading
Last week, the heads of US EPA’s Office of Air and Radiation and Office of Enforcement and Compliance Assurance jointly issued a memorandum to regional administrators clarifying the Agency’s position on permitting greenhouse gas (GHG) emissions under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V programs. The memo was issued in response … Continue Reading
On March 10, 2014, US EPA published proposed revisions to its Greenhouse Gas (GHG) reporting requirements for petroleum and natural gas sources under the GHG Reporting Program. The Program, which was enacted in 2008, collects GHG data from facilities that conduct petroleum and natural gas systems activities, including production, processing, transmission, and distribution and produce … Continue Reading
On September 20, 2013, US EPA Administrator Gina McCarthy signed a notice of a replacement proposed rule establishing standards of performance for greenhouse gas emissions (GHG) from new fossil fuel-fired electric utility generating units (EGUs). A whopping 110 days later, on January 8, 2014, the re-proposed rule has finally made its way into the pages … Continue Reading
The US Supreme Court has declined to hear the 9th Circuit’s decision in Native Village of Kivalina v. Exxon Mobil Corp., 696 F.3d 849 (9th Cir. 2012). By decling to hear the case, the US Supreme Court leaves another judgment stand which holds that the Clean Air Act preempts greenhouse gas tort claims. In Kivalina, the Alaskan Village of Kivalina … Continue Reading