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

Recent and anticipated litigation from the United States Environmental Protection Agency (EPA or the Agency) and environmentalists signals that permitting decisions involving whether to aggregate emissions from separate facilities will be at the forefront of environmental enforcement in 2015 and beyond. Schiff Hardin continues to closely follow these on-going developments, the results of which will likely have significant impact on the oil and gas industry.
Continue Reading Aggregation Update: Oil & Gas Industry Permitting Under Heightened Scrutiny in 2015

On April 28, 2014, Jane Montgomery and David Loring presented the three cases at a U.S. Supreme Court energy and environmental case update hosted by the Energy Council, Illinois Chamber of Commerce.  What follows is a written transcript of Mingo Logan Coal Co. v. EPA. The other two cases are available at Rocky Mountain Farmers v. Corey, 730 F.3d 1070 (9th Cir. 2013) and In re: La Paloma Energy Center, LLC, 2014 WL 1066556 (EPA Env. Appeals Bd., Mar. 14, 2014)

The first case that we are going to talk about today is both relevant and concerning no matter the federal environmental statute at issue because it involves the expansion of EPA’s authority to essentially invalidate an issued permit and activities that were lawfully performed under that permit.
Continue Reading Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C.C.A. 2013)

On April 28, 2014, Jane Montgomery and David Loring presented the three cases at a U.S. Supreme Court energy and environmental case update hosted by the Energy Council, Illinois Chamber of Commerce.  What follows is a written transcript of Rocky Mountain Farmers v. Corey. The other two cases are available at In re: La Paloma Energy Center, LLC, 2014 WL 1066556 (EPA Env. Appeals Bd., Mar. 14, 2014) and Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C.C.A. 2013).
Continue Reading Rocky Mountain Farmers v. Corey, 730 F.3d 1070 (9th Cir. 2013)

On April 28, 2014, Jane Montgomery and David Loring presented the three cases at a U.S. Supreme Court energy and environmental case update hosted by the Energy Council, Illinois Chamber of Commerce.  What follows is a written transcript of  In re: La Paloma Energy Center. The other two cases are available at Rocky Mountain Farmers v. Corey, 730 F.3d 1070 (9th Cir. 2013) and Mingo Logan Coal Co. v. EPA, 714 F.3d 608 (D.C.C.A. 2013).
Continue Reading In re: La Paloma Energy Center, LLC, 2014 WL 1066556 (EPA Env. Appeals Bd., Mar. 14, 2014)