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
Causes / Issues
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…
South Coast AQMD and Los Angeles Consider Fracking Restrictions
By Mike Mills on
Posted in Oil and Gas, Water Quality
In Los Angeles this Wednesday, three City Council members introduced a resolution urging the Governor and California regulators to impose a moratorium on fracking until the state determines that the practice does not endanger public health, the water supply or the environment. The concern arises in part because California, unlike some other oil-producing states, does…
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…
Kings County Sues To Derail California’s High-Speed Rail Project
By Mike Mills on
Posted in High Speed Rail
Unlike most of California’s Central Valley counties, such as Merced and Fresno, which have consistently supported the High Speed Rail (“HSR”) project, Kings County has been openly opposed to the plan to construct a high speed rail through its fertile farmland. That opposition reached a flashpoint yesterday as Kings County, and two Kings County…
High Speed Rail: Is It Harder to Stop a Moving Train?
By Mike Mills on
Posted in High Speed Rail
In the face of growing opposition and concern over soaring costs, the California High Speed Rail Authority Board (“Authority”) is betting that the answer to this question will be “yes.” The Authority met yesterday for its August board meeting and focused on laying more groundwork for the “Initial Construction Segment” or “ICS” in the San…
California’s Plan to Restore Delta Will Impact Delta Landowners
By Mike Mills on
Posted in Water Quality
Is it too soon to know if Sacramento-San Joaquin Delta landowners will align? Check out today’s Sacramento Business Journal for Melanie Turner’s most recent article regarding California’s plan to restore the Delta, including comments from my partner, Kristen Castaños:
. . . it’s too soon to know whether Delta landowners will be aligned. One person’s
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