While Congress continues to work on new US climate change legislation, the US Environmental Protection Agency (EPA or Agency) is rapidly cranking out greenhouse gas (GHG) regulations under the existing Clean Air Act (CAA). Two of the Agency’s recent initiatives — a final rule requiring annual reporting of GHG emissions and proposed thresholds for GHG emissions under the CAA’s Prevention of Significant Deterioration (PSD) and Title V permitting programs —
are addressed below.
The US Court of Appeals for the Second Circuit has revived two tort suits seeking abatement of carbon dioxide emissions from coal-fired electric power plants. Connecticut v. American Electric Power Co. Inc., No. 05-5104-cv (2d. Cir. Sept. 21, 2009). The 139-page opinion leaves the merits to be resolved in future proceedings, but could spur additional climate lawsuits and may serve as a catalyst for new federal climate laws or regulations.
Owing to low participation in the voluntary Hong Kong Energy Efficiency Registration Scheme for Buildings that has been in operation for nine years and the growing awareness of environmental protection, the government has drafted a legal framework for mandatory implementation of the Building Energy Codes. Under the scheme, Post-enactment Buildings within its coverage, will be required to follow compliance procedures to obtain necessary certificates.
S.1462, the “American Clean Energy Leadership Act of 2009,” has been voted out of committee and added to the US Senate calendar. The bill, which would comprehensively overhaul the US energy system, covers appliance energy efficiency, building energy codes, the reliability of the US grid for electricity transmission, renewable electricity standards, carbon capture and storage, energy market manipulation, and aid for deploying clean energy technologies.
The US House of Representatives has approved H.R. 2454, the “American Clean Energy and Security Act of 2009” (ACESA), otherwise known as the “Waxman-Markey” bill. It now goes to the Senate where it awaits an uncertain future.
The US Environmental Protection Agency (US EPA) has extended until September 25, 2009, the comment period on its rulemaking proposing comprehensive amendments to its renewable fuel standards. The proposed regulations would dramatically alter and expand the regulatory framework governing the use of renewable fuels in the transportation sector.
The Department of Energy (DOE) has released three anticipated funding opportunity announcements (FOAs) since June 3, 2009, regarding (i) site characterization for CO2 geologic sequestration (the Site FOA), (ii) industrial CO2 capture and sequestration and beneficial use of CO2 (the Industrial FOA), and (iii) an amendment of an earlier FOA for Round 3 of the DOE’s Clean Coal Power Initiative (CCPI) that increases the funding available for it by approximately $800 million (the CCPI FOA).3
Applicants under these FOAs must have a DUNS number and must be registered with the Federal Government’s Central Contractor Registration (CCR) and with FedConnect.4
The US House Committee on Energy and Commerce has released the official “Report” on its energy and climate legislation, the “American Clean Energy and Security Act of 2009.” This 700-plus page report is the only integrated final version of the complete text of the legislation, also referred to as the “Waxman/Markey Bill,” with all amendments.
On May 21, 2009, by a largely party-line vote, the US House Energy and Commerce Committee adopted H.R. 2454, which is called the “American Clean Energy and Security Act” and commonly referred to as the “Waxman-Markey bill” (reflecting the sponsors of this proposed legislation). A highly ambitious attempt to reduce the use of fossil fuels and the emission of greenhouse gases (GHGs) through a combination of regulatory standards and market forces, H.R. 2454 sets the stage for further complex discussions in Congress.
On May 26, 2009, the US Environmental Protection Agency issued a proposed rulemaking that would amend and significantly expand the regulations governing the use of Renewable Fuels in the transportation sector. When finalized, the regulations will provide the regulatory framework for the renewable fuels industry in the United States during the next decade and beyond.
In keeping with its campaign against global warming, the Thai Ministry of Energy has issued a Ministerial Regulation (the "Regulation") calling for better energy conservation in buildings. Taking effect from 20 June 2009, the Regulation is aimed at combating rising fuel and energy costs, while at the same time promoting a greener environment.
On April 17, 2009, the US Environmental Protection Agency (EPA) proposed “to find that greenhouse gases in the atmosphere endanger the public health and welfare of current and future generations.” In addition, the Agency proposed to find that four greenhouse gases (GHGs) emitted from new motor vehicles and new motor vehicle engines contribute to that air pollution.
Tim Bishop quoted on the Supreme Court ruling in Energy v. EPA, saying the ruling is "likely to be highly influential in granting EPA discretion to use cost-benefit analysis more generally."
After some delay, the Government published on 12 March 2009 more detail on the Carbon Reduction Commitment (“CRC”), including a draft Order and consultation document.
13 March 2009 - Title XVII of the Energy Policy Act of 2005 authorized the US Department of Energy (DOE) to provide loan guarantees for the development of innovative technologies (i.e., technologies that are not yet commercially available at the time the guarantee is issued). Title III of the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) expanded this program.
On March 10, 2009, the US Environmental Protection Agency (EPA) released its 1410 page proposal to require mandatory reporting of greenhouse gas (GHG) emissions in the United States.1 The proposed rule was issued pursuant to the FY 2008 Consolidated Appropriations Act (signed in December 2007) and EPA’s authority under the Clean Air Act.
Mayer Brown LLP, a leading global law firm, announced today that Timothy J. Keeler has joined the firm’s Washington, D.C. office as Counsel in the Government & Global Trade practice.
In a move that may revolutionize the way dangerous chemicals and processes are regulated in the United States, California Governor Arnold Schwarzenegger has signed into law AB 1879 (Feuer) and SB 509 (Simitian), creating the nation’s first Green Chemistry program. The new laws codify two of the Green Chemistry initiative’s goals: raising public awareness about the hazards of “chemicals of concern,” and finding alternatives that are less threatening to the environment and public health.
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