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August 5, 2015 | Posted by Ted Lamm | Permalink
On Monday, August 3, 2015, President Obama announced the Environmental Protection Agency’s (EPA) final Clean Power Plan rule, which will sharply cut emissions of greenhouse gases (GHGs) from existing power plants in the United States. The final rule will reduce nationwide GHG emissions from power plants to 32 percent below 2005 levels by 2030, though targets will vary by state. This mandate is more stringent than the 30 percent bar set in EPA’s June, 2014 proposed rule (although deadlines for finalizing state plans have been relaxed), and represents the most significant climate change regulation to date in the United States. read more
July 31, 2015 | Posted by Ted Lamm | Permalink
The United States Circuit Court of Appeals for the District of Columbia on Tuesday, July 28, 2015 upheld the majority of the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR) regulating air pollution that travels between states. The court’s opinion in EME Homer City Generation, L.P. v. EPA rejected legal challenges to CSAPR’s program requiring states to limit their emissions of certain air pollutants based on the amounts of these pollutants that travel to neighboring states, while requiring EPA to reconsider certain of the state-specific emissions budgets it had calculated under the rule. read more
July 1, 2015 | Posted by Ted Lamm | Permalink
New York State on June 25, 2015 announced its 2015 Energy Plan (the Plan), which outlines policy recommendations and analyses of energy technologies, use and supply and demand intended to implement Governor Andrew Cuomo’s Reforming the Energy Vision (REV) plan. According to the State, the Plan’s initiatives will set New York on a path to achieve three main goals by 2030: (i) 40% reduction from 1990 levels of greenhouse gas emissions from the power, industrial, transportation and buildings sectors; (ii) 50% generation of electricity from renewable sources; and (iii) 23% reduction from 2012 levels of energy consumption by buildings. read more
June 30, 2015 | Posted by Ted Lamm | Permalink
The Environmental Protection Agency (EPA) on Monday, June 22, 2015 announced revised regulations strengthening the rules governing the operation and maintenance of underground storage tanks (USTs). The new regulations are the first update to federal UST rules since the 1980s, and are applicable to both retail marketers of petroleum products and manufacturing or industrial facilities that store petroleum products on-site in USTs (such as for use in production processes or for transportation). read more
June 30, 2015 | Posted by Ted Lamm | Permalink
The United States Supreme Court on Monday, June 29, 2015 vacated the Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards (MATS) regulating power plants. Justice Antonin Scalia’s opinion in Michigan v. EPA held that EPA’s interpretation of the Clean Air Act (CAA) was unreasonable when it decided not to consider the costs of regulation in making the determination that regulating coal- and oil-fired power plants’ emissions of toxic air pollutants was “appropriate and necessary” pursuant to 42 USC § 7412(n)(1)(A). As a result of the Court’s ruling, the MATS rules—which had already gone into effect and which limit the power plants’ emissions of mercury and other hazardous air pollutants nationwide—will be delayed as EPA revises its analysis to incorporate costs.
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