power plants
California, climate change, and 111d
Four things the Golden State will note about EPA’s power plant proposal
Here are four aspects of the 111d proposal of particular note to Legal Planet’s home state. (1) California played a key role in helping to inspire — and to justify as lawful — EPA’s building-blocks approach to setting state goals. EPA frequently refers to California’s suite of successful greenhouse gas mitigation programs as a partial model for …
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CONTINUE READINGJudicial “Smoke Signals” and the 111(d) Rule
In an earlier post, I suggested that EPA’s decision about how broadly to write the final version of the 111(d) rule might be affected by the Supreme Court’s decision in the pending UARG case. I made the suggestion without much explanation, and it apparently didn’t come across very clearly. So I thought it would be worth …
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CONTINUE READINGAddressing Climate Change Without Legislation
A new report from UC Berkeley looks at the underused powers of the US Department of the Interior.
Now that the Environmental Protection Agency has announced its proposed rules for restricting greenhouse gas emissions from existing power plants, the climate focus of EPA and the states will first be on polishing the rules for final approval, then on the anticipated law suits, and then on the development of state plans to meet the …
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CONTINUE READINGEPA 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 …
CONTINUE READINGGuest Blogger Kate Konschnik: EPA’s 111(d) Authority – Follow Homer and Avoid the Sirens
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own. Thirty years ago, Chevron v. NRDC set the standard for judicial deference to an agency’s statutory interpretation. In that case, the Supreme Court upheld EPA’s interpretation of Clean Air Act language. This month, …
CONTINUE READINGSupreme Court Rejects States’ Climate Change Nuisance Lawsuit
The Supreme Court today issued its long-awaited decision in an important climate change case, American Electric Power v. Connecticut. http://www.supremecourt.gov/opinions/10pdf/10-174.pdf As expected, the Court rejected a public nuisance lawsuit that a coalition of states and private land trusts had brought against the owners of Midwestern coal-fired power plants, challenging their massive greenhouse gas emissions on …
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CONTINUE READINGDamage Control for the States: Predicting the Outcome in AEP v. Connecticut
Yesterday I previewed Tuesday’s oral arguments in the U.S. Supreme Court’s American Electric Power v. Connecticut case, and two of my Legal Planet colleagues have already posted comments on certain aspects of those arguments. But let me cast discretion to the wind and predict the outcome of the case. Actually, it’s not that difficult a …
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CONTINUE READINGPreviewing the Supreme Court Oral Arguments in AEP v. Connecticut
On Tuesday the U.S. Supreme Court hears oral arguments in the only environmental case on its docket this Term: American Electric Power v. Connecticut. At issue in this critically important climate change case is whether a coalition of states, New York City and several private land trusts can pursue a federal common law nuisance claim …
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CONTINUE READINGPreview of Coming Attractions: American Electric Power v. State of Connecticut
The U.S. Supreme Court recently announced the scheduling of oral arguments in the biggest (actually, the only) environmental case of its current Term: American Electric Power v. State of Connecticut. The justices will hear arguments on April 19th, and render their decision in this major climate change case by the end of June. Already, however, …
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CONTINUE READINGCalifornia legislature considers environmental bills
The California Legislature has several environmental and land use bills in front of it right now. Under state law, the legislature must act by August 31 in order to send any of these bills to the Governor for signature. Here’s a quick summary of the pending legislation, with some links for further info. (Current information …
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