On March 21, 2011, Senators Jeff Bingaman (D-NM) and Lisa Murkowski (R-AK) released a white paper asking for input on a clean energy standard (“CES”).
Environmental News
California Superior Court Orders CARB to Complete Scoping Plan Before Implementing Greenhouse Gas Regulations
On March 18, 2011, California Superior Court Judge Ernest Goldsmith issued a final statement of decision against the California Air Resources Board (“CARB”) that halted further implementation of greenhouse gas (“GHG”) regulations under Global Warming Solutions Act of 2006 (“AB 32”), until another “scoping plan” is completed.
Bill to Prevent EPA from Regulating GHG Emissions Passes Full House Committee
On March 16, 2011, the full House Energy and Commerce Committee passed Committee Chairman Upton’s (R-Mich.) bill designed to strip the Environmental Protection Agency (“EPA”) of its rulemaking authority over greenhouse gas (“GHG”) emissions. Committee Republicans and three Democrats, Reps. Jim Matheson (D-Utah), John Barrow (D-Ga.) and Mike Ross (D-Ark.), voted for the bill.
New Proposed Air Toxics Rule Would Impose Stringent Emission Limits for All Coal- and Oil-Fired Power Plants
On March 16, 2011, EPA released a new proposed Maximum Achievable Control Technology (“MACT”) standard to limit hazardous air pollutant emissions (also referred to as “toxics”) from all coal- and oil-fired power plants.
EPA Proposes Permitting Deferral for Biomass
On March 11, 2011, EPA proposed a new rule to defer, for a period of three years, greenhouse gas (“GHG”) permitting requirements for CO2 emissions from biogenic sources.
GOP Bill to Prevent EPA from Regulating GHG Emissions Clears First House Hurdle
A bill authored by House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) to permanently strip the EPA of most authority to regulate greenhouse gas (“GHG”) emissions passed the House Energy and Power Subcommittee by voice vote on March 10, 2011. H.R. 910, “The Energy Tax Prevention Act,” (the “Act”) was introduced on March 3, 2011 after February hearings on the draft bill at which Troutman Sander’s D.C. partner Peter Glaser testified.
Surface Transportation Board Authorizes Tariff Rules on Coal Dust but Strikes Down Specific BNSF tariff
On March 3, 2011, the Surface Transportation Board (“STB” or “Board”) issued a decision which authorizes railroads to impose reasonable requirements upon coal shippers to mitigate coal dust emissions.
House Holds Hearings on Climate Bill – Troutman Partner Glaser Testifies
On February 9, 2011, the Subcommittee on Energy and Power of the House Energy and Commerce Committee held hearings on a draft bill authored by full Committee Chairman Fred Upton (D. Mich.) that would revoke EPA authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act (“CAA”).
President Obama Issues Executive Order Aimed at Improving Regulation and Regulatory Review
On January 18, 2011 President Barack Obama issued an executive order requiring government agencies to periodically examine rules and regulations and to make changes to existing rules that are “ineffective or excessively burdensome.”
EPA Announces Deferral on GHG Permitting for Biomass Industries
On January 12, 2011, the Environmental Protection Agency (“EPA”) announced that biomass-fired sources will be able to receive a three year deferral on greenhouse gas (“GHG”) permitting requirements for CO2 emissions.