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
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
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
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
Florida is preparing for climate change projections with the first floating residential community in the United States. Read more about the project in National Geographic’s feature article, Treading Water.… Continue Reading
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
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
Last month, Kerri Barsh posted about a floating villas project planned for a man-made lake north of Miami. Her post is here. A few weeks later, we noticed press coverage about another floating home project conceived as a response to climate change and sea level rise, although otherwise quite different. WetLand is an exhibit at the … Continue Reading
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
As Michael Cooke noted in his post the following day, on June 3 EPA proposed its “Clean Power Plan” that EPA estimates would, if adopted and implemented, cut greenhouse gas emissions from existing electricity generating units by 30% from 2005 levels. 79 Fed. Reg. 34,829 (June 18, 2014). A few weeks later, as Mike again … Continue Reading
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
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
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
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
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
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
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
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
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
One June 6, Mexico published a new General Law of Climate Change calling for emissions monitoring, control of deforestation, and adoption of climate change mitigation and adaptation measures at the federal, state, and municipal level.
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American companies may face increasing restrictions related to climate change due to the actions taken by other nations.
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In AEP v. Connecticut, the Supreme Court finds that the Clean Air Act displaces any right to bring a public nuisance claim against power plants for their alleged contribution to climate change.
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A non-partisan legislative analyst has recommended that the California legislature direct the California Air Quality Board to cease all work on its cap-and-trade program until it completes its analysis of alternatives.
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Supreme Court to consider whether state attorneys general or environmental groups may sue owners of fossil-fuel-fired power plants under the federal common law of public nuisance for the plants' alleged contribution to climate change.
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