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