article thumbnail

Clean Power Plan: The Legal Battle Continues

The Energy Law Blog

The group of petitioners challenging the EPA rules imposing strict limits on carbon dioxide emissions from existing power plants filed its opening briefs on Friday, February 19. The Clean Power Plan usurps authority given to States by the U.S. Constitution and the Clean Air Act. The lawsuit, West Virginia v.

article thumbnail

New Texas Legislation Authorizes TCEQ to Permit Greenhouse Gas Emissions

The Energy Law Blog

By Jillian Marullo House Bill 788, signed into law on June 14, 2013, authorizes the Texas Commission on Environmental Quality (“TCEQ”) to regulate emissions of carbon dioxide and five other greenhouse gases (“GHG”) “[t]o the extent that greenhouse gas emissions require authorization under federal law.” In July 2013, the D.C.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

New Columbia Resource Tracks the President’s Climate Action Plan

Law Columbia

On June 25, 2013, President Obama delivered a major speech on the topic of climate change. The first pillar, “ Cut Carbon Pollution in America ,” describes policies aimed at combatting the causes of climate change, principally by cutting carbon dioxide emissions. The Climate Action Plan presents three policy “pillars.”

article thumbnail

Climate Litigation Chart Updates – November 2016

Law Columbia

Environmental Protection Agency (EPA) had failed to fulfill its non-discretionary obligation under Section 321(a) of the Clean Air Act to conduct evaluations of loss or shifts in employment that might result from implementation of the Clean Air Act. Murray Energy Corp. McCarthy , No. 5:14 -cv-39 (N.D.

2016 40
article thumbnail

Reading the Tea Leaves: Biden’s and California’s Vehicle Regs at the D.C. Circuit

Legal Planet

EPA is an effort by conservative states and fuel suppliers to block EPA regulations of greenhouse gas emissions from motor vehicles under the Clean Air Act. I’m an appellate litigator with a focus on climate and Clean Air Act cases. Q: Hi, Sean. For about 15 years I’ve been practicing in a very small firm.

article thumbnail

October 2019 Updates to the Climate Case Charts

Law Columbia

In addition, the court rejected the contention that the Clean Air Act or foreign affairs doctrine completely preempted the plaintiffs’ claims and also indicated that federal common law would not provide a basis for complete preemption. Center for Biological Diversity v. Bernhardt , No. 2:19-cv-14353 (S.D. filed Sept.

2019 40
article thumbnail

EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

Legal Planet

The EPA is proposing a new standard for fossil fuel-fired power plants to avoid 617 million metric tons of carbon dioxide through 2042. So, EPA and the states have a shared responsibility to regulate “existing sources” — primarily power plants— under Section 111(d) of the Clean Air Act.