X

Reset Password

Username:

Change Password

Old Password:
New Password:
We have completed your request.
Climate Change Hero

Climate Change Blog

Court Limits EPA’s RFS Waiver Authority

In a unanimous ruling on July 28, 2017, the U.S. Court of Appeals for the D.C. Circuit rejected the U.S. Environmental Protection Agency’s (EPA) attempt to lower total renewable fuels targets in the agency’s 2014-2016 Renewable Fuel Standard (RFS) rule promulgated under the federal Clean Air Act (CAA). The decision follows challenges brought by numerous parties affected by the 2014-2016 RFS targets, including groups representing refiners, importers, and producers of renewable fuels. Americans for Clean Energy, et al. v. EPA, et al. explored several areas of EPA’s authority related to the RFS, but one key area impacted by the Court’s ruling is EPA’s general authority to waive total renewable fuels production targets.

Read More
  • 07
  • August
  • 2017

Authors:

Share on:

D.C. Circuit Strikes Down EPA Stay on Key Parts of Quad OA — the 2016 Methane NSPS Rule for the Oil and Gas Industry

On July 2, 2017, in Clean Air Council, et al. v. E. Scott Pruitt, No. 17-1145, the D.C. Circuit vacated EPA’s 90-day stay of EPA’s 2016 final rule entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” which EPA codified as Subpart OOOOa to 40 CFR Part 60 or “Quad Oa.” Quad Oa overhauled new source performance standards (“NSPS”) for the oil and natural gas sector. A deeper analysis of Quad Oa can be found here. As noted below, Quad Oa is now in effect unless EPA successfully finalizes a proposed rule that would stay for two years parts of Quad Oa. Quad Oa carries certain monitoring and reporting deadlines that will need to be complied with, unless EPA successfully extends those deadlines.

Read More
  • 16
  • May
  • 2017

Author:

Share on:

D.C. Circuit Suspends Proceedings in Clean Power Plan Case

On Friday, April 28, 2017, the United States Court of Appeals for the District of Columbia Circuit (the “D.C. Circuit”) granted the U.S. Environmental Protection Agency’s (“EPA’s”) request to suspend litigation in two cases considering the Clean Power Plan (the “CPP”). The D.C. Circuit’s orders come after the D.C. Circuit heard en banc oral arguments in one of the cases, West Virginia v. EPA, 15-1363, last year. The D.C. Circuit’s orders required the parties to file supplemental briefing on the question of whether the CPP should be remanded to EPA, which they have filed. A key question to be decided based on this briefing is the effect of a remand on the Supreme Court’s February 2016 stay on the CPP. This post discusses the background of the CPP cases, the D.C. Circuit’s orders, and potential scenarios if the D.C. Circuit decides to remand the CPP to EPA.

Read More
  • 14
  • March
  • 2017

Share on:

EPA Withdraws Request for Information About GHG Emissions From the Oil and Gas Industry

On March 2, 2017, EPA announced that it was withdrawing its information collect request (the “ICR”) asking owners and operators in the oil and natural gas industry to provide information on equipment and air emissions at existing oil and gas operations. The withdrawal is effective immediately, meaning owners and operators—including those who have received an extension to their due dates for providing the information—are no longer required to respond to the request. Unlike other actions taken by the prior administration’s EPA, such as final regulations promulgated in compliance with the Administrative Procedure Act (“APA”), the ICR could be withdrawn without notice and comment, because it was not a rule subject to APA procedures.

Read More

Sign Up for Updates

Receive email news and alerts about Climate Change from V&E

Top Posts

Follow Us On Linkedin

Contributors

Margaret E. Peloso

Margaret E. Peloso Counsel

Eric Groten

Eric Groten Partner

George C. Hopkins

George C. Hopkins Partner

Michael B. Wigmore

Michael B. Wigmore Partner

Mattew T. Dobbins

Matthew Dobbins Senior Associate

Tyler E. Robinson

Tyler E. Robinson Senior Associate

Theresa Romanosky

Theresa Romanosky Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate