Clean Power Plan
EPA Wins the First Round in Clean Power Plan Litigation
…But this is just the beginning—and the Supreme Court will have a say
As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …
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CONTINUE READINGKey Environmental Developments Ahead in 2016
Here are seven of the most important developments affecting the environment.
2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most …
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CONTINUE READINGCOP 21 Battle over 1.5 Degree Global Target
The Contradictory Impulses in the Global Climate Negotiations
The Paris Conference of the Parties (COP) 21 negotiations are, not surprisingly, coming down to the wire with a number of contentious issues still unresolved. One issue that has surprised, impressed and puzzled me is the debate about whether the agreement should incorporate a goal that the global community work to limit temperature increases to …
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CONTINUE READINGGuest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.
Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation. Today, industry and environmental groups supporting EPA will file their oppositions to this request. The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants. Dan Farber and I …
CONTINUE READINGShould the Court Stay the Clean Power Plan?
Opponents need to prove four things to get a stay. They may be unable to prove any of those.
Opponents of EPA’s landmark climate rule, the Clean Power Plan (a/k/a 111(d) regulation), are seeking to stay the effectiveness of the rule. A stay is a variety of preliminary injunction, and the Supreme Court laid down four requirements for such orders in Winter v. NRDC: “A plaintiff seeking a preliminary injunction must establish [1] that he is …
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CONTINUE READINGClean Power Plan Litigation Kick-Off
Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs
*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …
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CONTINUE READINGExploring Potential Challenges to EPA’s New Source Performance Standard: PART III
CCS for coal power plants, but not natural-gas power plants?
This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …
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CONTINUE READINGIs CCS the “best” system of emission reduction for coal-fired power plants?
Exploring Potential Challenges to EPA’s New Source Performance Standard: PART II
This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for …
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CONTINUE READINGIs Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?
Exploring potential challenges to EPA’s New Source Performance Standard: PART I
This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice …
CONTINUE READINGResources on the Clean Power Plan
and EPA’s Other Rulemakings under Clean Air Act § 111
On August 3rd, EPA released its long-awaited Clean Power Plan, which implements Clean Air Act § 111(d) to set the first-ever national standards for carbon emissions from existing fossil-fuel-fired power plants. The Clean Power Plan calculates reasonably achievable performance rates for existing coal, oil, and natural gas power plants across the country, and assigns an …
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