Climate change, environmental law, energy and more in Flatt Out Environmental

Article 80

In a surprising moves to legal experts, the Supreme Court today in a 5-4 ruling stayed the implementation of the EPA’s Clean Power Plan (CPP) supporting greenhouse gas reductions at fossil fuel fired power plants.  The move was surprising because the Supreme Court rarely involves itself in the ...

A day after the roll out of the EPA’s proposed greenhouse gas control rule for existing power plants under the CAA, section 111(d), we have the usual complaints from the usual quarters that meeting the requirements will cause wide economic disruption, and that the proposal is not legally consi ...

Today the EPA released its rules requiring reductions in greenhouse gases from existing fossil fuel fired electricity generating units (EGUs).  Nominally, the rules call for an overall 30% reduction in these emissions from 2005 by 2030.  The hallmark of the rule is “flexibility” as the EPA looked at ...

Cross Posted from Center for Progressive Reform Blog: On May 14, 2014, the EPA proposed new rules to control “residual risk” from hazardous air emissions (such as from benzene) at the nation’s petroleum refineries.     The Clean Air Act requires the EPA to calculate whether or not residual ...

Last week the TCEQ issued a proposed rule to allow it to regulate greenhouse gas sources under the Clean Air Act’s Prevention of Significant Deterioration Program.  No surprise here.  Texas business asked the state legislature to “authorize” the TCEQ to do this because it is more s ...

Well today I was surprised that the Supreme Court granted certiorari to one of the questions from the consolidated, complex, greenhouse gas cases decided by the DC Circuit Court of Appeals.  In that case, the DC Circuit upheld the EPA’s endangerment finding for greenhouse gases, held that plai ...

Private Sector Moving on Climate Change

  Yesterday, the Cooperative Institute for Climate and Satellites (CICS), in partnership with NOAA’s National Climate Data Center, took a major step in trying to transmit data on a changing climate to a high level business audience. (Pictured above, representatives from CICS, Duke Energy ...

Last week the Supreme Court ruled in the City of Arlington v. the FCC, that federal agencies should receive strong deference from courts in the agency’s determination of its own jurisdiction. In other words, when it isn’t clear whether a federal agency has the right to assert authority, ...

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