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Tag archives for clean air act

Clean Power Plan Goes to Court

What was scheduled to be about 3.5 hours turned into nearly seven on Tuesday as 10 judges heard oral arguments in a rare “en banc” review of the Clean Power Plan in the U.S. Court of Appeals for the District of Columbia Circuit. The controversial Clean Power Plan, based on Section 111(d) of the Clean…

Pending Deal on Montreal Protocol Amendment Second Only to Paris Agreement

World climate leaders meeting in Vienna have laid the foundation for an amendment to the 1987 Montreal Protocol, the global treaty that phased out ozone-depleting chlorofluorocarbons (CFCs). The amendment would address climate-damaging hydrofluorocarbons (HFCs), the refrigerant chemicals that replaced CFCs but that can trap heat in the atmosphere at levels a thousand times higher than…

Study: Half a Degree Matters

Last week more than 150 nations signed the Paris Agreement, pledging to hold the increase in the global average temperature to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius. Now, the first comprehensive analysis of the impacts of that half centigrade difference…

Nations to Sign Paris Climate Agreement Friday

Four months after it was finalized by delegates to the Paris Climate Change Conference, the Paris Agreement will be signed by more than 100 nations on Friday. While the agreement is facially insufficient to meet its overall emissions objectives, the signing of the Paris agreement nevertheless is significant. It brings into effect the approach and…

Supreme Court Events Leave Fate of Clean Power Plan Uncertain

The outlook for U.S. Environmental Protection Agency’s (EPA) Clean Power Plan, a rule intended to limit greenhouse gas emissions from the existing fleet of fossil fuel-fired power plants, is the subject of debate after two key Supreme Court events last week. First, on Tuesday, the U.S. Supreme Court in a 5–4 decision issued a stay,…

SCOTUS Overturns Mercury Rule

The Supreme Court, in a 5–4 decision, ruled that the Clean Air Act required the U.S. Environmental Protection Agency (EPA) to consider the costs of its Mercury and Air Toxics Standard (MATS) rule when determining whether it was “appropriate and necessary” to regulate mercury emissions from the power sector. The MATS rule requires coal-burning power…

U.S., Military to Plan More Strategically for Climate Change

Climate change is a “threat multiplier” and worse than many of the challenges the U.S. military is already grappling with, according to a new report by the U.S. Department of Defense (DoD). The New York Times indicated that the report marks a departure from the DoD’s previous focus on preparing bases to adapt to climate…

Rule for Regulating Existing Power Plants under Fire

U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy testified before the Senate Environment and Public Works Committee during a hearing on “EPA’s Proposed Carbon Pollution Standards for Existing Power Plants.” Debate about the proposed rule to regulate carbon emissions from existing power plants has swirled since the rule’s release last month. Coal-heavy states and others have criticized both the…

Court Upholds Soot Standards

A federal court of appeals on Friday unanimously found that the Clean Air Act gives the U.S. Environmental Protection Agency (EPA) substantial discretion in setting air quality standards. The ruling upheld the EPA’s tightened limits on soot, or fine particulate matter from coal plants, refineries, factories and vehicles. In the challenge brought by industry groups, the National Association of Manufacturers…

Federal Appeals Court Upholds EPA Mercury Rule

A federal appeals court upheld the U.S. Environmental Protection Agency’s Mercury and Air Toxics Standards (MATS) requiring power plants install technology to cut emissions of mercury and other air pollutants. MATS was challenged by industry and several states that argued the EPA should have considered costs when determining whether it was “appropriate and necessary” to go forward with the standards. The…

Supreme Court Divided After Hearing on EPA Authority

In a hearing Monday, the Supreme Court questioned whether the U.S. Environmental Protection Agency (EPA) is correct in its interpretation that regulating greenhouse gas emissions from vehicles triggers the requirement to also implement permitting requirements for large stationary sources. At issue is the legality of EPA’s interpretation of the Prevention of Significant Deterioration (PSD) regulations. Industry groups argue that the PSD…

Supreme Court Will Hear Challenges to EPA Rule

The U.S. Supreme Court opted Tuesday to hear challenges raised by states and industry groups to greenhouse gas (GHG) emissions rules issued by the U.S. Environmental Protection Agency (EPA) under the Clean Air Act. Six of nine petitions were granted review. The specific issue in the case deals with the GHG permitting program that the EPA implemented in January 2011 (commonly…

EPA Issues New Source Rules, Separates Requirements for Coal and Gas-Fired Plants

The U.S. Environmental Protection Agency (EPA) issued a long-awaited revised proposal for Clean Air Act standards to curb carbon pollution from new power plants. The rule sets separate standards for new gas-fired and coal-fired plants. It would require future coal-fired plants to limit emissions of carbon dioxide to 1,100 pounds per megawatt hour (MWh). The average U.S. coal-fired plant currently emits nearly…

Using the Clean Air Act to Regulate Carbon Emissions

In an attempt to address global changes in climate, the Obama administration set specific deadlines for the U.S. Environmental Protection Agency (EPA) to use the Clean Air Act to cut carbon dioxide pollution from new and existing power plants. Just weeks away from the deadline for release of proposed rules for new power plants (full disclosure: Duke scholars will…

McCarthy: Climate Change Is “Opportunity of a Lifetime”

In her first public speech, newly minted U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy vowed to curb climate-altering pollution, an effort that she said would spark business innovation, grow jobs and strengthen the economy. McCarthy, who was confirmed to lead the EPA in July after pushbacks from Republicans, spoke before an audience in her native…