Victor Flatt

Victor Flatt

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

Texas proposes to take over GHG permitting under Clean Air Act PSD program

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 streamlined to have one permitting authority, and because of […]  More »

Supreme Court takes limited review of consolidated greenhouse gas cases

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 plaintiffs didn’t have standing to challenge another part […]  More »

Commentary: Any surprises in President Obama’s speech on climate?

It has now been more than a week since President Obama gave his much touted speech on climate change at Georgetown University.  Much of what he said was unsurprising. There were however, three notable moments.   More »

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 (including Heath Shuler), and the Center for Law Environment, Adaptation and […]  More »

Supreme Court Gives Agencies Greater Power in City of Arlington v. FCC

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, we should defer to the agency’s own […]  More »

What is the likelihood that the Supreme Court will take review of EPA’s greenhouse gas regulations?

On Friday, Texas lead a group of states in asking the Supreme Court to hear (and overrule) the DC Circuit case of last year upholding EPA’s regulation of greenhouse gases from stationary sources. A group of industry representatives have joined in asking for Supreme Court review. Given the DC case and Texas’s petition for certiorari, […]  More »

The Danger of Politics – Europe Fails to Support Carbon Market

The EU Parliament unexpectedly shot down a proposal to reduce the supply of greenhosue gas credits entering the EU market, going against the recommendation of the Environment Committee, the EU Climate Action Commissioner, and the European Commission itself. While some of the negative votes were expected (Poland has fought vociferously against any action that would […]  More »

Flatt out environmental comments on the last few months of the greenhouse gas regulatory world

It has been a while since my last blog post. In the climate change legal world, most of what has happened in the past few months has been of the utilitarian, and not the showy variety. California continues to implement its Global Warming Solutions Act (A.B. 32) and has already held two auctions of the […]  More »

DC Panel Goes “Through the Looking Glass” in Cross State Air Pollution Rule decision

On Tuesday, a panel of the DC Circuit released its long awaited opinion in EME Homer City Generation v. EPA. This case was brought about on consolidated challenges to the EPA’s attempt to implement the Cross State Air Pollution Rule, a follow up to the CAIR (Clean Air Interstate Rule) that the DC Circuit found […]  More »

DC Circuit Rejects All Challenges to PSD greenhouse gas regulation. What Now?

Yesterday the Court of Appeals for the District of Columbia Circuit issues a stinging rebuke to state and industry challengers’ petition to prohibit the EPA from regulating greenhouse gases under the Clean Air Act, and extending that regulation to prevention of significant detioration for major stationary sources. The unanimous decision stated that the EPA’s endangerment […]  More »

Was Rio Conference Worth It?

The adopted “Rio+20″ agreement, adopted by numerous countries on June 22 has been panned mercilessly by many environmental and human rights groups as doing too little too late. They have substituted their own nickname for the document: “The Future We Don’t Want.” (proposals for the document had been entitled: “The Future We Want.”) What is […]  More »

“Acting as if Tomorrow Matters” hits the bookshelves in Rio

Just in time for the beginning of the official Rio activities, comes Professor John C. Dernbach’s book “Acting as if Tomorrow Matters: Accelerating the Transition to Sustainability.” This book notes that we already know what needs to be done to move towards a sustainable system, the trick is to actually do it. Professor Dernbach and […]  More »
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