Category Archives: Climate Change

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U.S. Supreme Court Reverses and Remands MATS to D.C. Circuit for EPA Failure to Consider Costs

In a 5 to 4 split decision, the U.S. Supreme Court ruled on Monday, June 29th, that the U.S. Environmental Protection Agency (“EPA”) unreasonably interpreted the federal Clean Air Act (“CAA”) when EPA decided deemed that costs were irrelevant in deciding whether to regulate hazardous air emissions from electric utility sources under section 112 of … Continue Reading

D.C. Circuit Dismisses Challenges to Proposed Clean Air Act Section 111(d) Rule

From Michael Cooke of GT Tampa The U.S. Court of Appeals for the D.C. Circuit has denied petitions to review the EPA’s proposed rule to regulate carbon dioxide emissions from existing electric generating sources.  See In re Murray Energy Corporation, No. 14-1112 (D.C. Cir. June 9, 2015).    The proposed the rule was issued under section 111(d) … Continue Reading

Testing the Waters

In 2005, Hurricane Wilma destroyed a pair of dilapidated marinas in North Bay Village where Fane Lozman, a former Marine pilot and software developer, kept a two-story floating home.  Kerri L. Barsh successfully represented Mr. Lozman in a landmark admiralty jurisdiction case before the U.S. Supreme Court. The Fane Lozman v. City of Riviera Beach, … Continue Reading

UN Releases Negotiating Text for December 2015 Paris Climate Agreement Meeting

On March 19, 2015, the Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC) released negotiating text for a new climate change agreement that will be considered for adoption at the December 2015 meeting of the UNFCCC in Paris. The negotiating text provides alternative language, addressing issues such as mitigation, adaptation, finance, and … Continue Reading

Miami-Dade County Moves Forward with Comprehensive Climate Change Planning Initiatives

I have written previously here about Miami-Dade County’s recent climate change initiatives,  which included adoption of requirements in 2014 that all county infrastructure projects consider the potential impact of sea level rise during all project phases and that existing infrastructure be evaluated in the face of sea level rise. Yesterday, the Miami-Dade County Commission moved … Continue Reading

New York State Adopts Law Mandating Consideration Of Impacts From Climate Change In Governmental Decision Making

Climate change, or the alteration of global climate patterns due to increased levels of greenhouse gases in the atmosphere, continues to generate passion among members of the electorate.  Environmental activists and politicians push for new policies specifically aimed at limiting the causes of increasing global temperature or mitigating its adverse consequences.  In the wake of … Continue Reading

Dutch Solution to Miami’s Rising Seas? Floating Islands

Those following climate change adaptation may be interested in an article that appeared on Sunday, August 24, 2014, in the Miami Herald describing a project for floating villas near Miami.  The specific project is, of course, specific to the location and market.  However, the general observation is that technology to address sea level rise has … Continue Reading

NY Community Risk & Resiliency Act – Significant Step Forward or Much Ado About Nothing?

Written by Steven C. Russo and Robert M. Rosenthal On June 19th, the New York Legislature passed the Community Risk and Resiliency Act in both houses by wide margins. The Act would likely be submitted to the Governor in the next two months for signature.  The Act has a laudable goal, to seek to encourage … Continue Reading

NCA Final Draft Under Consideration

Today (May 6, 2014), a 60-person federal advisory committee (the “National Climate Assessment and Development Advisory Committee”) will consider the final draft of the Third National Climate Assessment (NCA).  If the report is approved as expected today, the NCADAC  will submit the Assessment to the federal government for use in establishing ”federal science priorities” and … Continue Reading

GT Air Update – Part II

By Adam Silverman. In part II of our Air Update we address the following recent developments related to the regulation of greenhouse gases: Massachusetts became the ninth—and most recent—state to adopt stricter air standards under the RGGI.  We wrote about New York’s adaptation earlier this year. European Parliament froze the number of pollution allowances in … Continue Reading

Climate Change Adaptation Update: Executive Order and Draft EPA Implementation Plans

Further to my recent column and post on this blog about the less controversial adaptation side of responding to climate change, the federal government took two actions today: President Obama issued an Executive Order on “Preparing the United States for the Impacts of Climate Change” that directs executive agencies to have plans for taking adaptation and … Continue Reading

Climate Change Adaptation

A lot of the climate change news recently — and I note it below — has focused on climate change “mitigation.”  Mitigation is steps that might be taken to slow or to avoid changes in the climate.  Of course, that first requires an identification of causes of climate change.  That runs into an ideological dispute … Continue Reading

U.S. Supreme Court To Consider Challenge to EPA’s Greenhouse Gas Decisions

Today the U.S. Supreme Court has granted six of the nine petitions for certiorari that had been filed by parties seeking review of E.P.A.’s greenhouse gas (“GHG”) decisions issued in late 2009 and early 2010. Those E.P.A. decisions led to stationary source permitting requirements for GHGs.  As reported previously, last year, in a unanimous opinion, … Continue Reading

IPCC Climate Change Report

As has been widely reported in the press, the Intergovernmental Panel on Climate Change has released the first volume of its Fifth Assessment Report, Climate Change 2013:  The Physical Science Basis.  The IPCC is a worldwide group of scientists established by the United Nations that has for the last few decades been collecting and reporting … Continue Reading

Carbon Claustrophobia — Significant Changes Coming to the Regional Greenhouse Gas Initiatives Cap and Trade Program

The New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Energy Research and Development Authority (NYSERDA), is currently accepting public comments on several proposed changes to the DEC’s regulations governing New York’s participation in the Regional Greenhouse Gas Initiative (RGGI). DEC’s proposed changes, which are based on updates to … Continue Reading

Is EPA Playing Chicken With Clean Air Act?

In this week’s Pennsylvania Law Weekly and Legal Intelligencer, I write about the motivations behind EPA’s potential delay of issuing a final rule that would limit carbon emissions from new power plants.  The agency appears to be playing a high stakes game of political chicken that could provoke congress to pass standalone cap-and-trade legislation.  Read Is EPA Playing Chicken With … Continue Reading