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Climate Change Blog

  • 10
  • February
  • 2016

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Supreme Court Stays Clean Power Plan, What’s EPA’s Next Move?

In an unprecedented order issued last night, the Supreme Court stayed the implementation of the Obama Administration’s greenhouse gas emission standards for existing power plants, commonly referred to as the Clean Power Plan (“CPP”).  Earlier this year, the D.C. Circuit denied a similar request to stay the implementation of the CPP while legal challenges to the rule proceed, a sign that the D.C. Circuit merits panel is inclined to uphold the CPP.

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  • 27
  • January
  • 2016

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Supreme Court Denies Cert. in Greenhouse Gas Permitting Case

Last week, the Supreme Court denied review of the D.C. Circuit’s April 2015 decision on remand from the Supreme Court’s decision in Utility Air Regulatory Group v. EPA, 134 S. Ct. 2427 (2014) (“UARG”). The effect of this denial is to leave in place the D.C. Circuit decision allowing the EPA-intended permitting requirements for “anyway sources” to remain in effect pending EPA’s revisions of its rules to codify those requirements. Under that regime, proposed sources and modifications that are “major” for any other pollutant have to undergo Prevention of Significant Deterioration review for greenhouse gases (GHG) if emitted in amounts above 75,000 tons/year.

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  • 26
  • January
  • 2016

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BLM Wants Royalties for Natural Gas Lost to Venting, Flaring, and Leaks on Federal Land

On January 22, 2016, the Bureau of Land Management (BLM) released a proposed rule aimed at reducing natural gas lost through natural gas venting, flaring, and equipment leaks from both new and existing production activities on federal lands. Except where gas loss is “unavoidable,” as defined by the proposed rule, operators would be charged royalties on natural gas losses from onshore federal and Indian mineral leases administered by BLM.

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  • 04
  • January
  • 2016

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Renewable Energy Tax Credits Extended

On December 18, 2015, President Obama signed the Consolidated Appropriations Act, 2016 (the “Act”). As part of a heavily negotiated Congressional bargain to lift the crude oil export ban, the Act includes provisions that extend certain tax credits for renewable energy under the Internal Revenue Code of 1986, as amended (the “Code”), including the credits for wind and solar energy.

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  • 23
  • December
  • 2015

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Happy Holidays

The writers of the Climate Change Blog and all of us at V&E wish you a safe and joyous holiday season. We will be taking some time away from the blog, but will return the week of January 4, 2016.

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DOT Strategic Sustainability Performance Plan

As described in this previous post, the Obama Administration issued Executive Order 13693, directing key federal agencies to develop “Strategic Sustainability Performance Plans” that explain how they will achieve specified sustainability goals and reduce direct emissions of greenhouse gases by 40 percent by 2025. As directed by EO 13693, the U.S. Department of Transportation (DOT) released its Strategic Sustainability Performance Plan in June 2015.

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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