Emissions Trading, Carbon Markets, & Offset Project Development Practice
Issue Alerts
Weekly Climate Change Policy Update - July 21, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherJuly 21, 2008
Turmoil in air quality regulations at the state and federal levels has arisen due to the invalidation of both the Clean Air Interstate Rule and the Clean Air Mercury Rule. This raises the question as to whether Congress will re-visit legislation that would regulate power plant emissions. Also in the news was Al Gore's speech encouraging the U.S. electricity system to be carbon free by 2018 and the cap-and-trade plan released by the Australian Climate Change Ministry.
D.C. Circuit Vacates Clean Air Interstate Rule, Creating Uncertainty for Air Regulatory Programs
Kyle DanishJuly 14, 2008
The U.S. Court of Appeals for the District of Columbia Circuit vacated the entire Clean Air Interstate Rule (CAIR), holding that the CAIR has “more than several fatal flaws.” The decision has a number of potential implications for existing federal and state air regulatory programs, and the power sector.
EPA Issues Advance Notice of Proposed Rulemaking on Greenhouse Gas Regulation
Kyle Danish, Kevin GallagherJuly 14, 2008
The Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPR) requesting public comment on whether and how the Agency should regulate emissions of greenhouse gases using its authority under the Clean Air Act. While further EPA action on this subject during the current presidential administration appears quite unlikely absent specific direction from Congress or the judiciary, the request for public comment on the ANPR is an important opportunity for entities that could be affected by future GHG regulations to provide input to the regulatory process.
Weekly Climate Change Policy Update - July 14, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherJuly 14, 2008
In this week's climate change headline news was the Advanced Notice of Proposed Rulemaking set forth by the Bush Administration. In summary, the document stated that the current Administration will not move forward with the development of CO2 regulations and also that Congress should devise a better approach to replace the Clean Air Act in addressing the issue of carbon emissions. Also in the news was the meeting of the G8 in Japan, which resulted in the proposal of a collective goal to reduce GHG emissions by 50% by 2050. Also, Senator Jeff Bingaman (D-NM) outlined 10 principles for future climate change legislation.
Weekly Climate Change Policy Update - July 7, 2008
Kyle Danish, Shelley Fidler, Andrea Campbell, Kevin GallagherJuly 7, 2008
The White House and the EPA are still going back and forth about the contents of the NOPR that could frame the options available to the EPA under the next Administration to regulate GHG emissions. A Georgia state court held this week that a state agency erred in providing a permit for a new 1200 MW coal-fired power plant without first requiring a Best Available Control Technology determination for CO2 emissions. We might learn at the next Major Economies meeting later this month if the Bush Administration is close to making a deal for mid-term global emission targets with some other large countries.
Articles
LOBBYING: K Street getting hot for climate change
Christa MarshallClimateWire
May 27, 2008
It used to be that environmental lobbying followed a predictable pattern: polluters versus clean air and water advocates. Climate change, though, is creating a new type of lobbyist -- like Tom Roberts, who advocates for companies that profit from things like placing methane digesters over animal waste.
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.
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?
Climate Change: The Heat Is On
Douglas W. Smith, Kyle W. DanishPublic Utilities Fortnightly
January 1, 2004
On the issue of global climate change, most utilities have devoted their attention to tracking developments in Washington, D.C., following the rising and falling fortunes of legislation that could result in federal greenhouse gas reporting or regulatory requirements. More and more, utilities are finding their inside-the-Beltway focus shaken by an array of outside-the-Beltway activities, ranging from state climate legislation to shareholder proxy actions and the threat of climate change tort suits.
Seminars & Events
Carbon Market Insights Americas 2008
Washington, D.C.November 12, 2008
Van Ness Feldman will sponsor a booth at this event.
Carbon Trade and Finance Trends
Ritz Carlton, Washington, DCJune 13, 2008
Kyle Danish and Sam Kalen will be speakers at this conference. Van Ness Feldman is a Gold Sponsor.
Global Warming II: How the law can best address climate change
University of Maryland School of Law, Balitmore, MDJune 6, 2008
Kyle Danish will be a moderator. Van Ness Feldman is a sponsor of this conference.
6th Annual Conference, The Green Business Summit: Adapt, Innovate, Transform
Fairview Park Marriott, Falls Church, VAJune 5, 2008
Van Ness Feldman's Tracy Nagelbush is attending this event.
EMA 12th Annual Spring Conference
The Conrad Hotel, Miami, FLApril 29, 2008
Kyle Danish will be a panelist during the Luncheon Roundtable and Conference Wrap Up: "US v. the World in CO2: Can we regain our competitive edge?" from 12:30-2:00 PM on May 1.