The U.S. Supreme Court has agreed to hear oral argument on the issue of whether the newly promulgated Greenhouse Emission Standard for vehicles triggers a Clean Air Act requirement to regulate emissions from stationary sources. A ruling against the EPA could eliminate the need for stationary industrial sources, such as power plants and petroleum refineries, to obtain prevention of significant deterioration and Title V Operating Permits for their greenhouse gas emissions. The court declined to hear other challenges to the EPA’s greenhouse gas rules, including its finding that greenhouse gas emissions present a public danger and should be regulated under… Read more
Tag: Greenhouse Gas
EPA Proposes Alternative Approach for Greenhouse Gas Emission Reporting for 24 Industries
On September 3, the EPA released a proposed rule which would require the use of an electronic verification tool by companies in 24 industry classifications to report emissions of greenhouse gas. The purpose of the proposed rule is to allow those industries to protect sensitive information that it considers confidential business information. The tool will be used to verify any inputs into emissions equations data that are deemed as sensitive business information without disclosing that data to the public. Companies require the new tool to begin reporting their emissions inputs data beginning March 31, 2015. EPA’s proposed rule would apply… Read more
States and Electric Utilities Challenge to EPA Greenhouse Gas Permitting Rules Fail
A federal appeals court in the D.C. Circuit dismissed pending lawsuits from states and electric utilities that challenged Environmental Protection Agency (EPA) orders requiring states to update their air pollution plans to address greenhouse gases. “Neither the states’ briefs nor their counsel . . . identified a concrete redressable injury or explained how the states had Article III standing to challenge the rules,” Judge Judith W. Rogers stated. At issue was a series of December 2010 EPA findings that states, such as Texas and Wyoming, must revise their state implementation plans to address greenhouse gas emissions by January 2011. In order… Read more
Tax Policy on Greenhouse Gas Emissions Has Minimal Effect
The National Research Council issued a report on June 20, detailing its findings of the effect of tax policy on greenhouse gas emissions. According to the report, current Federal tax expenditures and subsidies, including those focused on energy, have a limited effect on U.S. greenhouse gas levels. The report took into account both energy related tax policies, such as tax credits and renewable energy and transportation fuel taxes, and broad-based tax policies that may have indirect effects on emissions, such as incentives for investment and machinery. While the report found that the current policies are a poor tool for decreasing… Read more
More Challenges to EPA Greenhouse Gas Rulemaking
Beginning last December and continuing through this past May, EPA has issued four main rules regarding regulation of greenhouse gas (GHG) emissions. Since that time, more than 150 businesses, advocacy groups, trade associations and government entities have challenged EPA’s decision-making. With so many litigants involved, and with Senator Kerry announcing a climate bill is unlikely to be passed in the near future, it is becoming more likely that the nation’s climate policy will be shaped in the courtroom. The EPA rules being challenged in the courts include: (1) the December 2009 “endangerment finding,” where EPA determined GHGs are a threat… Read more
As EPA Continues to Issue GHG Regulations, More Lawsuits Follow
Posted by Lisa Branch, lbranch@sgrlaw.com On February 24, we noted that a number of lawsuits had been filed challenging EPA’s December 2009 determination that greenhouse gases (“GHG”s) endanger human health and welfare. This year, as EPA issues additional regulations and guidance governing GHGs, more lawsuits have followed. In March of 2010, EPA reconsidered the “Johnson Memorandum” relating to when pollutants are subject to regulation, thereby triggering Clean Air Act permitting programs. In its reconsideration decision, EPA explained that Prevention of Signification Deterioration (“PSD”) permitting for pollutants such as GHGs is triggered when the control requirements of a nationwide GHG rule… Read more