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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.

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  • 03
  • August
  • 2016


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Up in the Air: EPA Issues Aircraft GHG Endangerment Finding

On July 25, the U.S. Environmental Protection Agency (EPA) issued its endangerment and cause or contribute finding that six greenhouses gases (GHGs) (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride) in the atmosphere endanger the public health and welfare and that GHG emissions from aircraft contribute to this air pollution. EPA first proposed the endangerment finding back in July 2015.

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  • 05
  • February
  • 2015


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Days of FutureGen Past

On February 4, the Department of Energy (DOE) cancelled its proposed $1 billion funding for the FutureGen 2.0 carbon capture and sequestration (CCS) project located near Meredosia, Illinois, essentially killing the project. DOE stated that it cancelled funding for the project because it would not be completed by the September 2015 deadline required under the terms of DOE’s loan guarantee program.

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  • 14
  • May
  • 2014


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D.C. Circuit Upholds EPA’s Decision Not to Regulate Methane Emissions from Coal Mines

On May 13, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld the U.S. Environmental Protection Agency’s (EPA) denial of WildEarth Guardians’ (WildEarth) petition to add coal mines to the regulated list of stationary source categories under 42 U.S.C. § 7411(b)(1)(A).

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Margaret E. Peloso

Margaret E. Peloso Partner

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

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Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate