Tag Archives: Greenhouse Gas Emissions

The Future of the Clean Power Plan as US EPA’s Proposed Repeal Looms

On October 16, 2017, US EPA, under Administrator Scott Pruitt, proposed the repeal of the Clean Power Plan (CPP), and the Agency is accepting comments on the repeal until April 26, 2018. Following a review of the statute’s language, surrounding policy, and legislative history, US EPA proposed to “return to a reading of CAA section 111(a)(1) … as … Continue Reading

Update: Comment Period Open for US EPA’s Proposed Carbon Pollution Emission Guidelines for Existing Sources

As discussed in our recent blog post and client alert, the  proposed Carbon Pollution Emission Guidelines for Existing Stationary Sources  (ESPS) has now been published in the Federal Register.   This publication commences the 120 day comment period.  Comments on the proposed rule must be received by US EPA on or before October 16, 2014.… Continue Reading

Will US EPA’s “Building Blocks” Really Allow States Flexibility to Craft Power Plant Emission Reductions in Their Own Way?

As detailed in our recent Client Alert, the Obama Administration, in an effort to curb carbon dioxide (CO2) emissions, has released a proposed rule that, if finalized, will require 30% reductions of CO2 emissions from 2005 emission levels from existing power plants by the year 2030.  The proposed existing source performance standard (ESPS) purports to … Continue Reading

US EPA’s 2013 Proposed Power Plant New Source Performance Standards Continue to Raise Concerns

US EPA has its work cut out for it as the Agency begins to review over 10,000 comments submitted concerning its proposed 2013 Clean Air Act New Source Performance Standards (NSPS) for new power plants through the close of the comment period on May 9, 2014.  US EPA’s work begins just as it plans to release its proposed … 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

USDOE Issues Pre-Publication Final Rule on Energy Standards for External Power Supplies

On February 3, 2014, the US Department of Energy (USDOE) issued a pre-publication version of its final rule on energy conservation standards for external power supplies (EPS). EPS converts household electric current into direct current or lower-voltage alternating current to operate a consumer product, such as a laptop computer or smart phone. There are hundreds … Continue Reading

Obama Administration Extends Comment Period on Social Cost of Carbon in the US

As a follow up to our previous report, the Office of Management and Budget (OMB) has extended the public comment period on the Obama Administration’s November 2013 technical support document (TSD) on the social cost of carbon (SCC) by 30 days to February 26, 2014.   The extension came in response to requests by industry for more time … Continue Reading

No alarms and no surprises – environmental aspects of the UK 2013 Autumn Statement

On 5 December 2013 the Chancellor of the Exchequer delivered his Autumn Statement for 2013. The environmental measures it contained had largely been announced in the run up to the budget statement, so there were no real surprises on the day. The main environmental announcements were: Allowance prices for the next round of sales under … Continue Reading

Ready, Set, Comment: OMB Soliciting Input on Social Cost of Carbon Technical Support Document

Today the White House Office of Management and Budget (OMB) published notice of its request for comment on the Technical Support Document (TSD) for the Social Cost of Carbon (SCC).  While OMB is seeking input on “all aspects of the TSD and its use of integrated assessment models (IAMs) to estimate SCC values to support agency regulatory … Continue Reading

Set Your Energy Efficient Microwave Oven’s Timer, And Get Ready to Comment on the Social Cost of Carbon

In June, we wrote about the Obama Administration increasing the Social Cost of Carbon.  Predictably, people were unhappy about being informed of the increase through a regulatory impact analysis that dealt with energy efficiency standards for microwave ovens.  The lackluster reveal attracted so much attention that the Obama Administration recently announced that it will provide … Continue Reading

US Supreme Court to Review EPA Greenhouse Gas Regulations for Stationary Sources – What is at Stake?

On Tuesday, October 15, 2013, the Supreme Court agreed to review whether EPA took an unreasonable leap by determining that its regulation of greenhouse gas (“GHG”) emissions from new motor vehicles (the “Tailpipe Rule”) automatically triggered a statutory requirement for EPA to regulate GHG emissions from stationary sources.  (See Squire Sanders’ frESH Blog Post discussing … Continue Reading

Squire Sanders Partner Allen Kacenjar Discusses DC Circ. Ruling on Greenhouse Gas Emissions

In a 2-1 ruling last week, the D.C. Circuit said the Environmental Protection Agency had failed to explain why it was treating biogenic sources of greenhouse gas emissions differently than other sources, and vacated the rule giving biomass power plants reprieve from carbon dioxide emission standards until July 2014. Squire Sanders Partner Allen Kacenjar discusses … Continue Reading

Fifth Circuit Denies Second Appeal for Greenhouse Gas Nuisance Suit

The U.S. Court of Appeals for the Fifth Circuit this week affirmed dismissal of the plaintiffs’ common law tort claims in the case Comer v. Murphy Oil USA, Inc.,[1] one of the first cases seeking to impose common law tort liability on emitters of greenhouse gasses for their alleged contribution to global climate change, and a … Continue Reading

Texas-led State Coalition Hopes that US Supreme Court Will Review Validation of USEPA’s Greenhouse Gas Rules

On April 19, 2013, a Texas-led state coalition filed a petition with the US Supreme Court requesting review of the D.C. Circuit’s June 26, 2012 decision upholding USEPA’s Greenhouse Gas (GHG) rules. That decision (summarized here) upheld the agency’s Endangerment Finding and Tailpipe Rule before determining that state and industry opponents lacked standing to challenge … Continue Reading
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