Climate Law Blog

By Casey Graetz, Intern On June 28, the New York State Department of Environmental Conservation (DEC) adopted regulations (6 NYCRR Parts 487 and 251) with two new important requirements for new and certain expanding major electric generating facilities in the state. First, Part 487 requires these facilities to conduct an environmental justice analysis that evaluates [...]

By: Danielle Sugarman, Fellow On Tuesday, June 26, 2012, in a major victory for the environment and President Obama’s Administration, the U.S. Court of Appeals for the District of Columbia Circuit dismissed a series of challenges to EPA’s body of greenhouse gas regulation.  The cases, called Coalition for Responsible Regulation v. EPA, were brought by [...]

By Shelley Welton, Deputy Director and Fellow The lawsuit of Alec L. and several other young climate change activists was dismissed by the U.S. District Court for the District of Columbia today. In Alec L. et al. v. Lisa P. Jackson et al., 11-cv-02235 (D.D.C. 2012), five teenagers and children joined the groups Kids vs. [...]

by Daniel Firger Associate Director On April 11, 2011, petitioners in American Electric Power v. Connecticut, five private investor-owned utility companies, filed their reply brief. On the same day, the Solicitor General filed a separate reply brief on behalf of the Tennessee Valley Authority (TVA), an electric utility owned by the federal government, as respondent supporting petitioners. These reply briefs [...]

Gregory E. Wannier Deputy Director In the secondary round of activity regulating greenhouse gas (GHG) emissions from stationary sources, EPA has sought to establish permitting programs under the Prevention of Significant Deterioration (PSD) section of the Clean Air Act, in conjunction with individual states through their State Implementation Plans (SIPs).  Recent EPA permit approvals and [...]

Gregory E. Wannier Deputy Director CCCL recently released a report detailing options for implementing potential cap and trade regimes through federal-state partnerships under Section 111 of the Clean Air Act (§111).  This report, written jointly with the World Resources Institute, asserts that cap and trade regulations are legally defensible under certain circumstances, and that they [...]

Gregory E. Wannier Deputy Director On December 8, the DC Circuit scheduled oral arguments for a challenge to EPA’s waiver for California’s vehicle tailpipe emission standards for greenhouse gases.  The challenge is the latest in a six-year battle over proper use and interpretation of the Clean Air Act, and represents a final effort by industry [...]

Gregory E. Wannier Deputy Director The DC Circuit issued an order on December 10 with respect to a group of cases challenging four EPA greenhouse gas regulations, responding to petitioners’ motions to coordinate cases, and to stay implementation of EPA’s regulations pending a final decision in the case.  The panel, consisting of Judges Ginsburg, Tatel, [...]

Gregory E. Wannier Deputy Director CCCL is happy to announce the release of a new white paper.  It can be accessed here, and the executive summary for this paper is below: As the U.S. Congress has failed to pass meaningful climate legislation, the EPA has initiated a series of regulations designed to recognize greenhouse gases [...]

Gregory E. Wannier Deputy Director As litigation against EPA challenging greenhouse gas regulations moves forward, questions remain as to what, exactly, the DC Circuit will do if it rules for the challengers on the merits of their cases.  The two primary options here are: absolute vacatur (removing all force of law from the regulations), and [...]