Tag: EPA

EPA Delays Regulation of GHGs as Stationary Source Emissions

From Stoel Rives partners Lee Smith and Krista McIntyre: In response to a letter drafted by eight democratic senators and general industry adverse reactions, the EPA announced on February 22, 2010 that there would be delays to implementation of the regulation of green house gases as stationary source emissions under the Clean Air Act, and … Continue Reading

EPA Announces “Endangerment” and “Cause or Contribute” Findings

Stoel Rives partner Tom Wood reports: Minutes ago EPA announced its long awaited “endangerment” and “cause or contribute” findings in relation to six key greenhouse gases – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.  While technically this announcement is of limited significance (applying only to motor vehicle emissions), the policy import of … Continue Reading

EPA Issues Final GHG Reporting Rule

On the topic of Greenhouse Gas reporting, my partner Tom Wood recently circulated this "heads up" about EPA’s final rule: On September 22, 2009, EPA issued its final rule on greenhouse gas (GHG) reporting.  Fossil fuel and industrial GHG suppliers, motor vehicle and engine manufacturers, and facilities that emit 25,000 metric tons or more of … Continue Reading

Federal Appeals Court Reinstates Carbon Dioxide Nuisance Suit Against Utilities

  My partner Tom Wood recently composed and circulated this email alert about the return of the "Global Warming" case against several electric utilities:   Five years ago eight states and New York City made headlines when they sued several electric utilities alleging that their carbon dioxide emissions constituted a federal common law nuisance.  The … Continue Reading

EPA Extends RFS 2 Comment Period

Last week, the US EPA extended the rulemaking period on RFS 2 until September 25, 2009.  This extends the period by 60 days.  While this rulemaking is  highly complicated and contentious, it is unclear that extending the comment period will improve this situation.  In addition, the effective date of the regulations continues to be delayed.  This … Continue Reading

U.S. EPA Holds Public Hearings in California on Proposed Mandatory Greenhouse Gas Reporting Rule

U.S. EPA is holding a public hearing in Sacramento, California today on the agency’s proposed rule on mandatory greenhouse gas emissions reporting.  EPA held public hearings on the new rule in the Washington D.C. area earlier this month.  Over 13,000 facilities nationwide, accounting for about 85% to 90% of GHGs emitted in the U.S., will be required to report their … Continue Reading

Will California be Able to Regulate GHG Tailpipe Emissions?

The California Air Resources Board may soon get its wish.  Back in 2005, ARB first requested a waiver from the U.S. Environmental Protection Agency, to allow California to regulate motor vehicle greenhouse gas emissions.  EPA denied the waiver two years later, after California threatened to sue EPA to force the agency to take action on the request.  The very day after … Continue Reading

A Change in Direction: EPA Must Consider CO2 Emissions When Issuing Permits for New Power Plants

In case there was any doubt after the recent watershed election, the times they are a-changin’. The U.S. Environmental Protection Agency (“EPA”) Environmental Appeals Board’s (“EAB”) recent ruling, In Re Deseret Power Electric Cooperative, could pave the way for EPA-imposed CO2 emissions limits on power plants and other significant sources of CO2 emissions. In response to a … Continue Reading
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