On November 10, 2016, a federal district court in Oregon allowed litigation to proceed against the federal government based on its alleged failure to protect future generations against the threat of climate change. See Juliana v. United States, No. 15-1517, 2016 WL 6661146 (D. Or. Nov. 10, 2016). The decision represents the first time a court has determined that plaintiffs sufficiently alleged that the government’s conduct infringed their constitutional right to a clean and healthy climate system.
Continue Reading Oregon Federal Court Allows Children’s Climate Change Suit to Proceed

Q:        What is the Clean Power Plan?

A:        The United States Environmental Protection Agency (USEPA) is proposing to regulate greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs) through a rule called the Clean Power Plan.  This rule does not purport to directly regulate EGUs.  Instead, USEPA is proposing statewide carbon dioxide (CO2) emission goals and guidelines, called the “state goals.”  States would develop plans to meet those state goals, using a flexible menu of programs and tools that USEPA discusses in the proposal.  Most of the details are left to the states and will be included in State Implementation Plans (SIPs).
Continue Reading The Clean Power Plan: Key Questions and Answers

On June 2, 2014, the United States Environmental Protection Agency (USEPA) released the most sweeping component of President Obama’s Climate Change Action Plan.  USEPA’s 650-page proposed Clean Power Plan states that carbon dioxide (CO2) emissions from the combustion of fossil fuels at existing power plants is the single largest category of stationary source Greenhouse Gas (GHG) Emissions in the United States, accounting for about one-third of all GHGs emitted.
Continue Reading USEPA’s Clean Power Plan: Proposed Rule For Existing Power Plants