Section 111(d) Archives - Page 2 of 3

Section 111(d)

Scott Pruitt’s Faulty Logic

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

An earlier blog post pointed to a logical gap in the current EPA’s justification for repealing the Clean Power Plan (CPP), the Obama Administration effort to cut emissions from electrical power plants. He makes an argument that EPA can only base rules on actions that polluters can take within a facility, and jumps from there …

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Gaping Hole in EPA’s Methane Rules

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

In August, EPA released proposed rules to reduce fugitive methane and VOC emissions from oil and gas operations. While this is a significant action in the fight against climate change, and much needed in light of the shale-driven national drilling renaissance, there is a gaping hole in the methane rules that has environmentalists worried — …

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Dueling Laws and the Clean Power Plan

EPA has shifted its position toward more readily defensible ground.

One of the most serious legal challenges to EPA’s Clean Power Plan — and probably the only one that could completely derail it — involves an exceptionally abstruse legal issue. When Congress tried to amend an obscure part of the Clean Air Act, someone screwed and two different versions were included in the final law. That …

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Politics v. Legality and the Clean Power Plan

EPA’s Final Plan Changes State Targets, With New Winners and Losers

When the President released the final version of the Clean Power Plan last week, it contained a number of big alterations to the draft plan. One of the most significant changes was the way each state’s greenhouse gas emissions target was calculated. The bottom line is that — generally — states more heavily reliant on …

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Compiled Resources on the “Clean Power Plan” Proposed §111(d) Rule

All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses

Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a public comment period that will close on December 1, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation of …

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UARG Decision — Due Any Day Now — Should Not Undermine the Legality of CAA Section 111d Rules

Case involves statutory interpretation questions not relevant to power plant rules

The U.S. Supreme Court should issue a decision in Utility Air Regulatory Group (UARG) v. EPA very soon, perhaps as early as Monday (the Court typically issues its opinions on Mondays and Thursdays at 10:00 a.m. EST). The case involves an important set of regulations designed to regulate greenhouse gases from large new “sources” (industrial facilities, chemical …

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PART IV – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.

This is the fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See Parts I, II, & III.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. …

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PART III – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The third in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This is the third in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See the first and second posts.) Over the course of this series, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the comments. What …

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PART II – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions

The second in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

This post is the second in a series of posts offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule. (See the first post here.) Over the course of this series of posts, I welcome our knowledgeable and insightful LegalPlanet audience to join the dialogue in the …

Continue reading “PART II – EPA’s Proposed 111(d) Rule: Some Insights & Open Legal Questions”

Legislative Tantrums Over EPA’s Proposed Carbon Rule

Politico reports that eight state legislatures have passed bills protesting EPA’s proposed power plant regulation, in at least one case refusing to comply with any eventual regulations. This was a childish tantrum rather than an adult response. The ultimate hope, according to Politico, is that many states will refuse to submit compliance plans, and that this …

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Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

Critical Insights on the Mineral Boom

In the race for critical minerals, the challenges, tradeoffs, and potential winners are becoming clear. Insights from the Emmett Institute’s “Powering the Future” symposium.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Section 111(d)

There’s a gaping hole in Pruitt’s argument for repealing the Obama’s climate change rule.

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

EPA has shifted its position toward more readily defensible ground.

EPA’s Final Plan Changes State Targets, With New Winners and Losers

All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses

Case involves statutory interpretation questions not relevant to power plant rules

The fourth and final post in a series offering some initial insights and observations, and posing several open legal questions related to EPA’s proposed 111(d) rule.

The third in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

The second in a series of posts offering some initial insights and observations, and posing several open legal questions for conversation

TRENDING

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

In the race for critical minerals, the challenges, tradeoffs, and potential winners are becoming clear. Insights from the Emmett Institute’s “Powering the Future” symposium.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.