Tag Archives: clean air act

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

Environmental Policy as Part of Integrated Overall Policy

Environmental quality is important, but it is just one set of the objectives of public policy.  Is it possible to think about the incentives set by environmental regulatory decisions and the outcomes they induce as part of a more integrated policy? Perhaps not. Consider Michigan v. EPA, No. 14-46 (U.S. Nov. 25, 2014).  Last month, … Continue Reading

Permitting Implications of UARG Decision

Last week, EPA issued guidance to its Regional Administrators that addresses some of the questions raised by the decision in Utility Air Regulatory Group  v. United States Environmental Protection Agency, 134 S.Ct. 2427 (U.S. June 23, 2014) (“UARG”).   As discussed in our posts of June 23rd and July 14th, that decision raised several issues that … Continue Reading

The U.S. Supreme Court Releases Decision in Utility Air Regulatory Group v. EPA — EPA’s Greenhouse Gas Permitting Authority is Limited

In a split decision, the U. S. Supreme Court ruled on Monday June 23rd that the U.S. Environmental Protection Agency (“EPA”) does not have authority under the federal Clean Air Act to require major source permits based solely on emissions of greenhouse gases.  Specifically, the Court said that the agency may not treat greenhouse gases … Continue Reading

EPA Releases its Proposed Rule to Cut Carbon Emissions at Existing Power Plants

On June 2, 2014, the U.S. Environmental Protection Agency (“EPA”) published a draft rule that is intended to cut carbon emissions from existing power plants.  EPA hopes to accomplish this through a state-focused strategy that is essentially an energy control rule than a traditional environmental pollution control effort.  EPA expects to finalize the rule by … Continue Reading

Lessons from the Supreme Court’s Cross-State Air Pollution Decision

On April 29, the Supreme Court revived EPA’s Cross-State Air Pollution Rule in Environmental Protection Agency v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014).  That set of rules would have imposed budgets on air emissions by sources in upwind states in order to implement the “Good Neighbor” provision, section 110(a)(2)(D)(i)(I)  of the Clean … Continue Reading

GT Air Update – Part I

By Adam Silverman Several recent developments in air regulations are likely to impact regional, national and international air pollution policy.  In part I of our Air Update we address several Clean Air Act topics: The D.C. Circuit Court of Appeals issues two important Clean Air Act opinions, one clarifying a recent decision to uphold revisions … 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

Massachusetts High Court Limits the Scope of Article 97

The Massachusetts Supreme Judicial Court (SJC) recently held that the redevelopment of land taken for urban renewal is not subject to legislative approval under Article 97 of the Massachusetts Constitution.  This constitutional provision mandates that any disposition or change in use of lands held for certain public purposes must first be approved by a two-thirds … Continue Reading

Greenhouse Gas Regulations Upheld

The Court of Appeals for the District of Columbia Circuit issued an opinion this morning upholding EPA's greenhouse gas regulations. Coalition for Responsible Regulation, Inc. v. United States Environmental Protection Agency, No. 09-1322 (D.C. Cir. June 26, 2012). … Continue Reading
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