Tag Archives: GHG

US EPA-California Tensions Over GHG Standards Increase with Preemption Challenge

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

US EPA Memorandum Withdraws Permitting Requirements For GHG-Only Sources While Confirming 75,000 TPY Threshold For “Anyway” Sources

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

US EPA Proposes Changes to Greenhouse Gas Reporting Rule for Oil and Gas Industry

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

US EPA (Finally) Publishes Re-proposed GHG Rule for New EGUs; Public Comment Period Begins

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

US Supreme Court Declines to Hear 9th Circuit Decision Rejecting Greenhouse Gas Tort Litigation

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
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