On February 19, 2013, the California Air Resources Board held its second auction of greenhouse gas (GHG) emission allowances for its Cap and Trade Program. This was the first quarterly auction for 2013; the first auction was held November 14, 2012. All ‘covered entities’ – GHG emitters regulated under Cap and Trade – were
Air Quality
Stoel Rives Publishes Primer on the Basics of California’s Cap and Trade Program
By Mike Mills on
Posted in Air Quality, Energy
California’s Cap and Trade Program is now a reality. Businesses needs answers to questions arising from this complex program. Now that the State of California has held its first auction of carbon allowances under the Program and the initial compliance period of 2013-2014 is now underway, Stoel attorneys Michael Mills, Tom Henry and Allison…
D.C. Circuit Rejects EPA’s Transport (Cross-State Air Pollution) Rule
By Allison Smith on
Posted in Air Quality
Yesterday, the D.C. Circuit Court of Appeals issued a decision in EME Homer City Generation, L.P. v. EPA that rejects the U.S. Environmental Protection Agency’s approach to regulating upwind pollution from coal- and natural gas-fired power plants, among other sources. The so-called Transport Rule, also known as the Cross-State Air Pollution Rule, had sought to…
D.C. Circuit Upholds EPA Greenhouse Gas Rules
By Allison Smith on
Posted in Air Quality, Energy
Yesterday, the D.C. Circuit Court of Appeals issued a decision in Coalition for Responsible Regulation v. EPA, upholding the U.S. Environmental Protection Agency’s approach to the regulation of greenhouse gas (GHG) emissions against claims from a variety of interests. The opinion addressed challenges to three EPA rulemakings: (1) the agency’s “Endangerment Finding,” where it…
California Oil Producers Agree to Share Fracking Information
By Mike Mills on
Several members of the Western States Petroleum Association have agreed to share information about their fracking operations in response to the California Department of Conservation’s request for operators to report to a disclosure registry, FracFrocus (see May 8, 2012 post). Many, including Occidental Petroleum Corp. and XTO Energy/ExxonMobil, have already posted to the website…
Injunction on California’s Low Carbon Fuel Standard Lifted Pending Appeal
By Allison Smith on
Posted in Air Quality, Energy
The Ninth Circuit Court of Appeals has lifted an injunction that prevented the California Air Resources Board (CARB) from enforcement of the state’s low carbon fuel standard (LCFS), pending appeal of a lower court decision enjoining the LCFS. In December 2011, a federal district court found the LCFS in violation of the dormant commerce clause…
Feds Announce Air Pollution Rules for “Fracked” Natural Gas Wells – Delay Implementation
By Mike Mills on
Posted in Air Quality, Energy
On April 17, the Environmental Protection Agency issued new rules designed to curb the emission of air pollutants from “fracked” natural gas wells. Originally submitted last summer, the new rules will be gradually implemented over the next two to three years and look to curb emissions by 95%. The EPA commented that the need for…
Carbon Sequestration Bill Advances in California Legislature
By Mike Mills on
Posted in Air Quality
Yesterday the California Senate’s Committee on Environmental Quality unanimously approved SB 1139(Carbon Capture and Storage Act of 2012), which was introduced by Senator Rubio (D – East Bakersfield) earlier this year. SB 1139 would advance carbon capture and storage by closing certain key gaps in California law identified in the California Carbon Capture and…