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Climate Change Hero

Climate Change Blog

  • 17
  • October
  • 2014

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States and Industry Groups ask Appellate Court to Reconsider Greenhouse Gas Permitting Decision

On September 22, Texas, Wyoming, and several industry groups (“Petitioners”)* asked the U.S. Court of Appeals for the D.C. Circuit to rehear and reverse its earlier ruling upholding EPA’s takeover of the states’ greenhouse gas (“GHG”) permit programs. The Petitioners argue that the previous ruling should be reconsidered in light of a subsequent Supreme Court decision on EPA’s GHG permitting powers.

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  • 15
  • October
  • 2014

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EPA May Forgo Creating Refinery-Specific GHG New Source Performance Standards

In December 2010 EPA entered into two settlement agreements to address greenhouse gas emissions (“GHGs”) from two sources: electric generating units (“EGUs”) and refineries. While EPA has proposed rules to regulate GHG emissions from both new and existing EGUs, it has yet to issue a proposed rule to similarly address emissions from refineries.

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  • 14
  • August
  • 2014

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CEQ Declines to Issue NEPA Climate Change Guidance

Last week, the Council on Environmental Quality (“CEQ”) denied a 2008 petition authored by several environmental groups seeking rulemaking to include climate-specific provisions in CEQ’s NEPA regulations. CEQ denied the petition, finding that climate change already falls within the scope of impacts that are to be considered under NEPA.

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  • 30
  • June
  • 2014

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U.S. Supreme Court Issues Long-Awaited Decision on EPA GHG Permitting Authority

Since 2010, EPA rules have applied the Clean Air Act’s pre-construction and operating permit programs to emissions of greenhouse gases (GHG). On June 23, a splintered U.S. Supreme Court invalidated those rules to the extent that they trigger permitting obligations based on GHG emissions (Utility Air Regulatory Group (UARG) v. EPA).

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  • 23
  • June
  • 2014

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SCOTUS Strikes Down GHG Tailoring Rule

On Monday, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency (UARG v. EPA).* The narrow issue in UARG was EPA’s determination that its regulation of greenhouse gas (GHG) emissions from motor vehicles compelled regulation of GHGs from large stationary sources under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V programs.

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Contributors

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

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate