The EPA kicked off the week with the proposed Affordable Clean Energy (ACE) rule, which is meant to replace the Clean Power Plan (CPP). As expected and foreshadowed by its proposed changes to the legal rationale underpinning the CPP, the EPA will regulate only source emissions, not sector-wide emission reduction activities. The EPA claims this “best system of emissions reduction” is consistent with the Clean Air Act Section 111(d) authority and is both technically feasible and appropriate for coal-fired power plants.
Environmental Protection Agency (EPA) Administrator Scott Pruitt declared “the war against coal is over” yesterday in his announcement that the EPA will move to repeal the Clean Power Plan. In a lengthy proposal leaked last week that was then updated and signed October 10, the EPA proposes to repeal the Clean Power Plan (CPP), a controversial regulation designed to cut carbon dioxide (CO2) emissions from existing fossil fuel-fired power plants. In support of the proposal, the EPA describes the Obama-era EPA’s interpretation of the Clean Air Act as unlawful. Continue Reading Pruitt Declares “The War Against Coal is Over”
The Clean Power Plan, the Obama Administration’s attempt to reduce carbon dioxide emissions from existing power plants, had its day in court on September 27. What a day it was!
Ten judges of the D.C. Circuit Court of Appeals heard arguments addressing the validity of the EPA’s Clean Power Plan in this rare “once in a lifetime” case. (Judge Merrick Garland, a nominee to the Supreme Court, did not hear the case.) A dozen lawyers battled for nearly eight hours — far longer than the three hours the court had allotted — on issues ranging from the Plan’s constitutionality, obscure principles of statutory interpretation, congressional intent, states’ rights, and administrative procedure. Continue Reading Clean Power Plan has its Day in Court
As we wrote about previously, in February 2016 the International Civil Aviation Organization (ICAO) proposed international standards to limit the emissions of greenhouse gas (GHG) emissions from airplane engines. Last week, the EPA finalized the first step to create domestic emissions standards for airplanes when it officially found that GHG emissions from certain types of aircraft engines contribute to climate change. Now that EPA has issued this determination — known as an “Endangerment Finding” — it is required to regulate these emissions under the Clean Air Act. EPA may propose new domestic emissions rules before the end of President Obama’s term and it has announced the limits will be at least as stringent as the international standards ICAO proposed in February. Continue Reading EPA Must Regulate Airplane Greenhouse Gas Emissions
In 2013, President Obama issued the Climate Action Plan. Its goal: to reduce greenhouse gas emissions from a broad range of economic sectors. Moreover, the Climate Action Plan is the key set of initiatives necessary to achieve the United States’ GHG reduction commitment set out in the 2015 Paris Agreement, an international accord.
We covered the initiation of a wide range of rulemakings in a blog post dated September 28, 2015, and, as the Obama Administration comes to a close, climate change rulemakings continue to move forward. The most contentious rule—the Clean Power Plan—has moved from rulemaking to litigation. Many other rules (e.g. new rules limiting methane emissions from the oil and gas industry and the renewable fuel standards) have moved from proposal to final rules. We summarize the status of 10 different rules, standards, or programs meant to implement the Climate Action Plan below. Continue Reading Recap: Climate Action Plan Nears Completion
The Clean Power Plan continues its surprising path to becoming the law of the land. On May 16, the D.C. Circuit Court of Appeals on its motion issued an order to delay oral argument in the Clean Power Plan rulemaking and hear the case en banc. The oral arguments were scheduled for June 2 and 3, and are now set to begin on September 27. Presumably the argument will be allotted two days, but the court notes that it will issue further orders regarding the allotment of time for oral argument. Continue Reading Another Unexpected Fork in the Road to the Clean Power Plan
International agreements like the Paris Climate Agreement and federal regulations like the Clean Power Plan dominate news reports about climate change. But cities are increasingly taking the lead in reducing greenhouse gas emissions. In fact, many U.S. cities have set emissions reduction targets that are far more aggressive than federal goals. For example, the Chicago Climate Action Plan sets a target of 25% below 1990 GHG emissions by 2020. While cities initially focused on voluntary measures, regulatory powers are increasingly used to reduce emissions. These regulations—which so far include emissions reporting requirements and building efficiency standards—may affect a wide variety of businesses in cities across the country. Continue Reading Climate Change Regulation – Locally Grown
On Monday, February 8, 2015, the International Civil Aviation Organization (ICAO) proposed new limits on airplane greenhouse gas emissions. This announcement marks the second step in a process that may eventually lead to regulation of airplane greenhouse gas emissions in the United States. Continue Reading Aircraft Emissions Rules Take Flight