Category Archives: Greenhouse Gas

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Massachusetts Releases Draft Regulations to Further Reduce GHG Emissions

The Massachusetts Department of Environmental Protection (MassDEP) recently released draft regulations for public comment which aim to further reduce greenhouse gas (GHG) emissions from various industry sectors in Massachusetts, including transportation, electricity generation, and natural gas pipelines. Public comments on these regulations are due by Feb. 24, and can be submitted in writing to MassDEP … Continue Reading

Massachusetts Gov. Baker Issues Comprehensive Climate Change Strategy

The 2008 Massachusetts Global Warming Solutions Act (GWSA) set ambitious goals for reducing greenhouse gas (GHG) emissions and mitigating the potential risks posed by climate change.  Last week, Gov. Baker demonstrated a significant commitment to those goals by issuing Executive Order 569 Establishing an Integrated Climate Change Strategy for the Commonwealth (EO 569).  The implications … Continue Reading

CEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews

On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act (NEPA) Reviews. CEQ issued the guidance in an endeavor “to provide greater clarity and more consistency in how agencies … Continue Reading

Massachusetts High Court Rules Global Warming Solutions Act Mandates Annual, Declining Restrictions on GHG Emissions

In a decision that will have far-reaching consequences for the Massachusetts economy, Massachusetts’ highest court has ruled that the Global Warming Solutions Act (GWSA), passed in 2008, mandates the imposition of annual, declining limits on greenhouse gases (GHG) emissions.  In Kain vs. Dept. of Environmental Protection (SJC-11961, May 17, 2016), the Massachusetts Supreme Judicial Court … Continue Reading

FERC’s Reaction to CEQ’s Greenhouse Gas Guidance: For Now, Business as Usual

On June 23, 2015, the Federal Energy Regulatory Commission issued an Order Denying Rehearing of its earlier April 6, 2015 order, authorizing Sabine Pass Liquefaction, LLC to construct and operate natural gas liquefaction export facilities. The order is noteworthy for the Commission’s response to the arguments made by the Sierra Club that the Commission failed … Continue Reading

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

EPA Direct Final Rule Allows Rescission of Greenhouse Gas Only PSD/Title V Permits

On April 30, 2015, the U.S. Environmental Protection Agency (“EPA”) issued a direct final rule that will allow the rescission of Clean Air Act Prevention of Significant Deterioration (“PSD”) permits issued by EPA or delegated state and local permitting authorities under Step 2 of the Greenhouse Gas Tailoring Rule.  The rule, published at 80 Fed. … Continue Reading

TCEQ Becomes Sole Permitting Authority for Greenhouse Gases in Texas

On November 10, 2014, the federal Environmental Protection Agency (EPA) published two actions in the Federal Register that gave the Texas Commission on Environmental Quality (TCEQ) sole authority over greenhouse-gas permitting in Texas: The Approval and Promulgation of Air Quality Implementation Plans; Texas; Prevention of Significant Deterioration (PSD); Greenhouse Gas (GHG) Tailoring Rule Revisions is … Continue Reading

US-China Joint Announcement on Climate Change

from the GT Climate Change Group You may have read in the press that President Obama and Chinese President Xi Jinping jointly announced an agreement on greenhouse gas emission reduction goals and other climate change measures.  The U.S.-China Joint Announcement on Climate Change and an accompanying fact sheet have been released by the White House.  This perhaps breaks the rhetorical logjam of discomfort among … Continue Reading

The intersection of the Clean Air Act and energy policy: EPA’s proposed greenhouse gas standards for existing power plants

In the Sept/Oct 2014 issue of the American Bar Association’s Trends, attorneys Michael Cooke and Christopher Bell co-author “The intersection of the Clean Air Act and energy policy: EPA’s proposed greenhouse gas standards for existing power plants”. Read more here.… Continue Reading
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