Georgetown Law
 

Regulation

The Georgetown Climate Center tracks federal climate and energy regulation that affects U.S. states. The Center also seeks to improve communication and coordination between states and federal agencies.

Currently, the Center is providing analysis and assistance to states and federal agencies in the wake of the EPA's endangerment finding and recent court rulings that call upon the federal government to regulate greenhouse gas emissions.

From Inside EPA (subscription only):
In a Feb. 23 letter to Senate Majority Leader Harry Reid (D-NV) and Senate Minority Leader Mitch McConnell (R-KY), environmental officials from the nine states argue a “resolution of disapproval” introduced by Sen. Lisa Murkowski (R-AK) that would invalidate EPA’s endangerment finding would also prevent the federal program for vehicle GHG standards from being finalized. Joining California Air Resources Board Chairwoman Mary Nichols on the letter are the heads of the environmental departments in Connecticut, Maine, Massachusetts, New Mexico, New York, Oregon and Rhode Island.

“As you know, under this program, EPA proposed federal GHG standards for vehicles that will be roughly equivalent to both the federal corporate average fuel economy (CAFE) standards and the GHG standards pioneered by California and adopted by 13 other states and the District of Columbia,” the letter states. “The existence of comparable federal GHG standards, in turn, would allow our states to accept compliance with the federal program as demonstrating compliance with the California program.”

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News and Updates

On August 28, 2012, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) released a final rule to further reduce greenhouse gas emissions and improve fuel economy for light-duty vehicles for Model Years (MY) 2017-2025.  The rule, proposed on December 1, 2011, increases average fuel economy requirements for cars and light-...

On March 27, 2012, the Environmental Protection Agency (EPA) proposed greenhouse gas emission limits for newly constructed power plants. The New Source Performance Standards would specifically limit carbon dioxide emissions from new power plants to 1,000 pounds of carbon dioxide per megawatt-hour of electricity produced.

The proposed standard applies to fossil fuel-fired electric utility generating units larger than 25 megawatts, but would not apply to existing power plants or new permitted plants that start construction within the next twelve months.

EPA expects that new natural gas combined cycle power plants will be able to meet the proposed standard without additional...

The D.C. Circuit Court of Appeals heard oral argument on February 28th and 29th in four cases where petitioners challenged the Environmental Protection Agency’s (EPA) regulation of greenhouse gases and related actions under the Clean Air Act. 

The petitioners challenged EPA’s finding that greenhouse gases (GHGs) endanger public health and welfare, as well as GHG regulations “triggered” by that finding, specifically regulations for new motor vehicles in the “light duty vehicle rule” and for very large new and modified stationary sources in the “tailoring rule.” Taken together these regulatory actions represent EPA's response to the Supreme Court’s ruling in Massachusetts v. EPA, where the court held that GHGs are...

On January 11, 2012, EPA launched a new online data publication tool that provides the public with information on reported greenhouse gas (GHG) emissions in 2010.   The database currently covers nine industry groups, including 29 source categories, that directly emit large quantities of GHGs, as well as suppliers of certain fossil fuels and high global–warming-potential gases.  Power plants, petroleum refineries, and chemical plants were the largest sources of emissions required to report. As mandatory GHG reporting expands to more sources, the data from these will be...

On December 30, 2011, the D.C. Circuit Court of Appeals issued a stay against implementation of the Cross-State Air Pollution Rule (CSAPR).  The CSAPR sets emissions budgets for 28 states whose emissions of SO2, NOx, and/or ozone currently represent a significant impediment to another state’s National Ambient Air Quality Standards (NAAQS) attainment in an average year.  The rule was finalized by EPA on August 8, 2011, with technical revisions proposed on October 6, 2011, and was scheduled to take effect on January 1, 2012.

The case in which the...

On December 1, the Environmental Protection Agency (EPA) and the National Highway Transportation Safety Administration (NHTSA) issued a proposed rule to further reduce greenhouse gas emissions and improve fuel economy for light-duty vehicles for Model Years (MY) 2017-2025 (76 Fed. Reg. 74854,75420). The agencies announced the proposed standards in a Supplemental  Notice of Intent (NOI) in late July, and originally hoped to issue the proposed rule by late September...

On November 29, EPA issued a final rule for GHG reporting, including a six-month extension for several industrial sectors that were previously scheduled to begin mandatory reporting on March 31, 2012.  The move extends that deadline to Sept. 28, 2012, for facilities that include petroleum and natural gas systems, electronics manufacturing, industrial waste landfills, coal mining, industrial wastewater treatment and other installations. The August 4 proposed rule would also have required some industrial facilities to report twice, once for sources of...