On July 22, 2010, a House Appropriations subcommittee, on a vote of 7-7, rejected a proposal to impose a two-year delay on the Environmental Protection Agency (“EPA”) regulation of greenhouse gases (“GHG”) from stationary sources. The proposal, introduced as an amendment to the Interior and Environment fiscal-year 2011 spending bill, would have imposed a two-year moratorium on the EPA’s ability to regulate GHGs from power plants and other stationary emitters.
Environmental News
EPA Issues CAIR Replacement Rule
By Troutman Pepper Locke on
Posted in Uncategorized
On July 6, 2010, the U.S. Environmental Protection Agency (“EPA”) proposed its long-expected rule replacing the Clean Air Interstate Rule (“CAIR”).
Underground Coal Mine Greenhouse Gas Reporting Rule Issued; Coal Suppliers Not Required to Report
By Troutman Pepper Locke on
Posted in Uncategorized
On June 28, 2010, Environmental Protection Agency (“EPA”) Administrator Lisa Jackson signed the final rule for Mandatory Reporting of Greenhouse Gases from Underground Coal Mines. This rule amends the mandatory greenhouse gas reporting regulations that EPA issued last year (see September 24, 2009 issue of the WER).
EPA Releases Analysis of Kerry-Lieberman Climate Change Bill
By Troutman Pepper Locke on
Posted in Uncategorized
On June 15, 2010, the Environmental Protection Agency (“EPA”) released its analysis of the American Power Act of 2010, sponsored but not yet formally introduced by Senators John Kerry (D-MA) and Joe Lieberman (I-CT).
Environmental Coalition Seeks EPA Regulation of Coal Mine Emissions
By Troutman Pepper Locke on
Posted in Uncategorized
On June 15, 2010, a coalition of environmental groups filed a petition with EPA seeking a rulemaking that would list coal mines as a stationary source of emissions under Section 111 of the Clean Air Act.
President Obama Pushes for New Energy Legislation during Oval Office Address
By Troutman Pepper Locke on
Posted in Uncategorized
On June 15, 2010, President Obama gave an Oval Office speech on the BP oil spill. The President used the devastating effects of the spill as an impetus to call on the country to transition towards energy independence and the use of “clean energy.”
Lugar Introduces New Energy and Climate Bill
By Troutman Pepper Locke on
Posted in Uncategorized
On June 9, 2010, Senator Dick Lugar (R-IN) introduced an energy legislation alternative to the Kerry-Lieberman and Waxman-Markey bills, entitled the “Practical Energy and Climate Plan” (S. 3464).
Fifth Circuit Dismisses Appeal of Global Warming Tort Case
By Troutman Pepper Locke on
Posted in Uncategorized
On May 28, 2010, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) handed the utility, chemical, and oil and gas industry a victory by dismissing the appeal in Comer v. Murphy Oil (“Comer”).
EPA Issues First-Ever One-Hour Air Quality Standard for Sulfur Dioxide; Coal Plants Affected
By Troutman Pepper Locke on
Posted in Uncategorized
On June 2, 2010, the Environmental Protection Agency (“EPA”) finalized a new primary National Ambient Air Quality Standard (“NAAQS”) for sulfur dioxide (“SO2”), after finding that the existing standards are inadequate to protect public health.
Numerous Lawsuits Filed Challenging EPA Rule Initiating Greenhouse Gas Regulation Under PSD and Title V Permit Programs
By Troutman Pepper Locke on
Posted in Uncategorized
Numerous industry groups, business associations, environmental advocacy groups and public interest organizations have petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review EPA’s reconsideration of the so-called “Johnson Memorandum.” In its reconsideration, EPA determined that greenhouse gases (“GHGs”) would be subject to regulation under the Prevention of Significant Deterioration (“PSD”) and Title V permit programs as of January 2, 2011. In the related tailoring rule, which was published in the Federal Register on Thursday, EPA established a process for phasing in PSD and Title V requirements, including the requirement to do Best Available Control Technology for GHGs, beginning on January 2, 2011.