Tag Archives: Greenhouse Gas

Biden Administration Finalizes Greenhouse Gas Target Rule that is Likely to Draw Challenges

The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure.  The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes … Continue Reading

US EPA and US DOT Issue Final Rule Rolling Back Vehicle Emissions Standard

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

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 Issues Proposal to Freeze Tailpipe Emission Standards

The United States Environmental Protection Agency (US EPA) and the National Highway Traffic Safety Administration (NHTSA) issued a proposed rule regarding existing Corporate Average Fuel Economy (CAFE) and tailpipe greenhouse gases (GHG) emission standards for passenger cars and light-duty trucks on August 24, 2018. With this proposal, US EPA’s goal is to finalize a rule … Continue Reading

Proposed Affordable Clean Energy Rule: Navigating US EPA’s Clean Power Plan Replacement

On August 31, 2018, the US Environmental Protection Agency (US EPA) published its proposed rule providing a replacement to the Clean Power Plan (CPP).  The proposed rule, named the Affordable Clean Energy (ACE) rule, outlines revised emissions guidelines and the process for states to submit plans for the reduction of greenhouse gas (GHG) emissions from affected … Continue Reading

New US Standards to Reduce Emissions and Improve Fuel Efficiency of Medium- and Heavy-Duty Vehicles

As the result of a joint rulemaking effort, the US Environmental Protection Agency’s (US EPA) Office of Transportation and Air Quality and the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) finalized new standards for medium- and heavy-duty vehicles and their engines on August 16, 2016. Included among the types of vehicles affected by … Continue Reading

US EPA Issues Second Direct Final Rule on Greenhouse Gas Permitting in Light of DC Circuit Ruling

As we previously reported, in May 2015 US EPA issued a direct final rule allowing for the rescission of certain preconstruction (“PSD”) permits issued by US EPA and delegating permit review authority to states under Step 2 of the Greenhouse Gas (“GHG”) Tailoring Rule.  Step 2 of the Tailoring Rule set in motion PSD permitting for “GHG-only” sources, meaning sources permitted solely … Continue Reading

US EPA Greenhouse Gas Permitting Update

As we reported last summer, the US Supreme Court ruled that US EPA lacked authority to impose Prevention of Significant Deterioration (PSD) and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs).  Since that decision there have been many questions about how sources of GHG … Continue Reading
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