Environment Practice
Issue Alerts
Weekly Climate Change Update- May 12, 2008
Kyle Danish, Shelley Fidler, Kevin Gallagher, Alex LazurMay 12, 2008
The Lieberman-Warner bill continues to take center stage in Climate Change news, as it appears that Democratic Senators from manufacturing states may not vote for it. Provisions allowing the use of Clean Development Mechanism credits and credits from activities to reduce deforestation in developing countries might possibly be added to the Manager's Amendment. In addition, the Pew Center on Global Climate Change released a report reviewing the European Union Emissions Trading Scheme and how it might be helpful in designing a U.S. program.
Weekly Climate Change Update - May 5, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherMay 5, 2008
Over the last week, the biggest emerging question is what will be in the Manager's Amendment, an overhaul of the Lieberman-Warner bill designed to attract more votes. Meanwhile, the Energy Information Administration released its analysis of the Lieberman-Warner bill, showing allowance prices doubling from $30/ton to $60/ton between 2020 and 2030. Also, some Senate Republicans may endorse an alternative approach proposed by Senator Voinovich that focuses on tax incentives and other subsidies for clean energy technologies.
Weekly Climate Change Policy Update - April 28, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherApril 28, 2008
Noteworthy in Climate Change news this week was the "Manager's Amendment" drawn up by the staff for Senators Boxer, Lieberman, and Warner. In addition, Senator Voinovich (R-OH) is working on a bill focusing on technology incentives. Also, some Senators are considering ways to expand the Lieberman-Warner bill to target deforestation.
Weekly Climate Change Policy Update - April 21, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherApril 21, 2008
President Bush's Rose Garden speech on climate change policy was the topic of conversation in this week's climate change news, although it brought about less of an impact than anticipated. In addition, the Governors of 18 states signed a declaration requesting a federal-state partnership to address climate change. Also in the news were the two front-page articles in the Wall Street Journal on problems with the Kyoto Protocol's Clean Development Mechanism.
Weekly Climate Change Policy Upate - April 14, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherApril 14, 2008
It is expected that the Lieberman-Warner bill will be brought to the Senate floor on June 2nd, which will likely include a manager's amendment to the bill. Also in the news is the "cost containment" compromise that could be in the works with the help of the National Commission on Energy Policy, the Nicholas Institute, and the US Climate Action Partnership.
Articles
Colorado River Management Plan Update
Jonathan SimonThe Grand Canyon River Runner
May 2008
On January 11, 2008, nearly a month and a half after the federal district court in Arizona wholly rejected their challenge to the new Colorado River Management Plan issued by the National Park Service (NPS) in February 2006, the plaintiffs in that lawsuit appealed that court's ruling to the Ninth Circuit Court of Appeals. While the NPS and other stakeholders hoped that the court's decision would provide a basis for the agency to move forward and work with all user groups in continuing to implement the new plan, the appeal ensures that the underlying issues will remain mired in controversy before the courts for some time to come.
Railroad Transportation of Nuclear Waste and Other Hazardous Materials
Michael McBrideThe Electricity Journal
April 2008
Railroads continue to have duties to shippers and the public, and they may not take the law into their own hands. Except for emergencies – and then only for the duration of the emergency – they must carry all commodities without regard to whether they are dangerous, unless the proper agency of the federal government has relieved them of that obligation.
U.S. Climate Change Policy Will Drive Significant Investment Opportunities in Traditional and Alternative Energy
Ben McMakin and Janet AndersonManaged Funds Association Reporter
April 2008
A new President and the likelihood of more Democrats in the House and Senate may tip the balance of power in energy debates from traditional oil and gas interests to proponents of new energy sources and cleantech goods and services. While we watch the election unfold, and as the rhetorical battles over energy policy continue in Washington, D.C., climate change legislation looms largest of all the energy debates.
Colorado River Management Plan Update
Colorado River Management PlanJonathan Simon
The Grand Canyon River Runner
November 1, 2007
In February 2006, the NPS issued a new CRMP that revised and updated the previous river management plan developed in 1980 and revised in 1981 and 1989.
New Wine Into Old Bottles: The Feasibility of Greenhouse Gas Regulation Under the Clean Air Act
Robert NordhausNew York University: Environmental Law Journal
March 15, 2007
On November 29, 2006, Massachusetts v. EPA was argued before the United States Supreme Court. This essay, written before the decision was issued, presumes that the Court has decided that EPA was authorized or required to regulate CO2 under the CAA and explores the issues of 1) whether EPA could construct a domestic program to regulate CO2 emissions and other greenhouse gas (GHG) emissions under the statute in its present form and 2) would such a program be a comprehensive and cost-effective means of controlling such emissions?
Seminars & Events
Investing in Alternative Energy: The Environment & Developing Opportunities
The Union League, Philadelphia, PAJune 4, 2008
Van Ness Feldman's Curt Rich will be moderating the panel at this conference.
Environmental Markets Association's 12th Annual Spring Conference
The Conrad Hotel, Miami, FLApril 29, 2008
Van Ness Feldman's Kyle Danish will serve on the panel entitled "US v. the World in CO2: Can we regain our competitive edge?" on May 1st.
2nd Annual National Climate Change Regulation Conference
Sheraton Crystal City Hotel, Arlington, VAApril 14, 2008
Van Ness Feldman's Doug Smith will be serving on the panel at 2:45 PM on April 15.
Air Quality Regulation in California
Marriott Los Angeles Downtown Hotel, Los Angeles, CAApril 14, 2008
Van Ness Feldman's Richard Penna will be speaking at this event.
Rocky Mountain Mineral Law's Special Institute on Resources and Climate Change
Embassy Suites Hotel, Phoenix, AZApril 10, 2008
Van Ness Feldman's Kyle Danish will discuss federal response to climate change on Thursday, April 10 from 1:30-2:20 PM.