Category: Air

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D.C. Circuit Upholds EPA Greenhouse Gas Rules

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 determined … Continue Reading

California Oil Producers Agree to Share Fracking Information

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, which … Continue Reading

Injunction on California’s Low Carbon Fuel Standard Lifted Pending Appeal

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, … Continue Reading

Feds Announce Air Pollution Rules for “Fracked” Natural Gas Wells – Delay Implementation

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 … Continue Reading

Carbon Sequestration Bill Advances in California Legislature

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 Storage Review Panel’s final … Continue Reading

First California Cap-and-Trade Auction Delayed, Lawsuit Filed to Challenge Offset Protocols

From Allison C. Smith and Lee N. Smith: Last week was busy for the California Cap-and-Trade Program, adopted by the California Air Resources Board (CARB) last December under A.B. 32. First, last Tuesday, CARB Chairman Mary Nichols announced at a Senate hearing that the first scheduled Cap-and-Trade allowance auction, scheduled for August 2012, will be … Continue Reading

San Joaquin Valley Carbon Credits/CEQA Offset Rule

The San Joaquin Valley Air Pollution Central District (SJVAPCD) has released a Final Draft Staff Report and proposed rule revising Rule 2301 that concerns the banking of greenhouse gas (GHG) reductions. The rule amends the SJVUAPCD’s existing offset banking Rule 2301 and would allow entities to bank GHG credits generated by protocols issued by California … Continue Reading

The Second Notice of Modifications To The Cap and Trade Program

On September 12, 2011 the California Air Resources Control Board (CARB) released the Second Notice of Public Availability of Modified Text and Availability of Additional Documents and Information.  This is the second revision of the “minor” changes made  to the December 16, 2010 approval of the Cap and Trade Program. These additional modifications address comments CARB … Continue Reading

CARB Releases RFPs For The Cap and Trade Program

Four major RFPs for the Cap and Trade Program are out for public review. Essentially the four RFPs are for:  1) An operator to run the auction; 2) A contractor to provide financial services for participants that need to purchase emission allowances; 3) An entity to monitor the market and report activities in various jurisdictions that may … Continue Reading

CARB Releases Draft Changes To Cap And Trade Regulations

The California Air Resources Board has released draft changes to the Board’s late 2010 version of its greenhouse gas cap-and-trade regulation. The changes deal with emission allocations for public and investor-owned utilities, changes the timing of auctions, the scope of enforcement, and other issues. A workshop will has been set for July 15, 2011.… Continue Reading

Supreme Court Dismisses Commom Law Nuisance Suit

Supreme Court dismisses federal common law nuisance GHG suits against power producers because of federal Clean Air Act preemption, does not rule on state preemption issues. The case also dealt with issues of standing and agency primacy.  See http://www.lawofrenewableenergy.com/ for the full details.… Continue Reading

Cap & Trade Injunction Stayed by Appeal of Lower Court Decision

As we discussed previously, the AB 32 rule making process for Cap and Trade received a large setback when the lawsuit brought by several environmental groups successfully argued, at the Superior Court level, that the environmental document that was required to be approved at the time the regulations were approved was deficient.   The Court after … Continue Reading

California Cap & Trade Challenge Final Order Issued

On Friday, May 20, 2011, Judge Goldsmith of San Francisco Supreme Court issued a final order  (PDF) with respect to a lawsuit challenging the environmental review of the Cap and Trade regulations created under California’s AB 32 Greenhouse Gas statute and the associated Scoping Plan. In its order, the Court enjoined the Cap and Trade portion of the … Continue Reading
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