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Climate Change Hero

Climate Change Blog

  • 05
  • November
  • 2014

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Plaintiffs Argue for Greater Consideration of Climate Change Impacts in NEPA Review

In a case pending before the U.S. District Court for the District of Alaska, a group of subsistence fisherman are challenging the U.S. Army Corps of Engineers’ (“Corps”) decision to issue ConocoPhillips Alaska, Inc. (“ConocoPhillips”) a Clean Water Act (“CWA”) Section 404 permit approving a drilling and transportation project in the National Petroleum Reserve in Alaska. 

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  • 03
  • November
  • 2014

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EPA, DOJ Announce $100 million Penalty for Violations of Clean Air Act Vehicle GHG Standards

United States Environmental Protection Agency (“EPA”) Administrator Gina McCarthy and U.S. Attorney General Eric Holder announced the settlement of a Clean Air Act (“CAA”) enforcement case against Hyundai Motor Co. (“Hyundai”) and Kia Motors Corp. (“Kia”). The parties entered into a Consent Decree that, if approved, will require the automakers to pay a $100 million civil penalty, the largest ever penalty issued under the CAA.

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  • 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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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