Federal Climate Policy

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 …

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

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

As LegalPlanet reported earlier this week, EPA has released a proposed rule to regulate carbon dioxide (CO2) emissions from existing power plants under Clean Air Act § 111(d).  You can read the full text of the proposed rule here. The rule would have the overall effect of reducing CO2 emissions from existing power plants or “electric generating units” …

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EPA Releases Section 111(d) Rule for Existing Power Plants

Rule would reduce climate change-related carbon dioxide emissions from existing power plants 30 percent below 2005 levels by 2030

Today, EPA formally released its long-awaited rule to regulate carbon emissions from existing power plants under Clean Air Act § 111(d).  Read the full text of the rule here. As leaked to the media yesterday, the rule would have the overall effect of reducing carbon dioxide emissions from electric generating units (EGUs, or power plants) 30 percent …

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EPA to Release Proposed Rule for Existing Power Plants under Clean Air Act 111(d) that Cuts Carbon Emissions 30% from 2005 Levels by 2030

This rule represents one of the most significant actions ever taken by the United States to mitigate climate change

Major news outlets are reporting that the U.S. Environmental Protection Agency (EPA) will release on Monday a proposed rule for the regulation of existing power plants under Clean Air Act section 111(d) that would reduce carbon emissions from the electrical generating sector 30 percent from 2005 levels by 2030. This rule follows the recent release …

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The State of the Union — Energy and Climate Change

A very lengthy discussion  of energy– some good language on energy efficiency and renewables, some not-so-good language about oil, but with an overall emphasis on technological innovation.  Here’s what the President said about climate change: And over the last four years, our emissions of the dangerous carbon pollution that threatens our planet have actually fallen. …

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Why the Feds Should Pay the Administrative Costs of Implementing AB 32

There’s been a lot of discussion of whether Prop 26 interferes with the use of fees to pay the administrative expenses for AB 32.  I would like to suggest an alternative solution: the Feds should pick up the tab.  This may seem a little far-fetched, given the current political situation, but it makes real sense …

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No national renewable energy goals? Don’t try to tell that to the Pentagon.

The heat wave that has smothered the Eastern seaboard like a heavy, sweaty blanket has apparently done nothing to inspire the U.S. Senate to pass a climate bill, or take major steps on the energy front. Insiders report that Harry Reid’s “stripped down” energy bill will not only dodge the climate debate, but it will …

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Utilities-Only Carbon Cap

The proposed utilities-only cap-and-trade system could be a step in the right direction, although it’s far from ideal.

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Comment Period for Endangerment Finding Expires Tomorrow

GOP lawmakers and industry sources have requested unsuccessfully that the comment period be extended. Since the Supreme Court’s ruling in Mass. v. EPA, it has been clear that EPA would have to make a finding one way or another, so everyone has been on notice for a long time that this was coming. Moreover, if …

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Both Sides are Right on Waxman-Markey

Cara asks what people think about the Waxman-Markey bill.  It seems clear to me that both sides are right.  And no, this isn’t a case of realism versus idealism. Waxman-Markey might be the strongest thing that can get through Congress right now.  And even that might be over-optimistic: Waxman can move the thing through the …

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