On Monday, June 23, the U.S. Supreme Court issued its long awaited decision in UARG v. EPA, the case that questioned EPA’s authority to require stationary sources to obtain Prevention of Significant Deterioration (PSD) and Title V air permits for greenhouse gases (GHGs). Specifically, the Court considered: (1) whether a stationary source can be required to obtain a PSD or Title V air permit based solely on its potential to emit GHGs and (2) whether sources that have to obtain PSD and Title V permits based on their potential to emit traditional criteria pollutants (so called “anyway sources”) must also obtain a permit limit based on the Best Available Control Technology (BACT) for controlling GHG emissions. Ultimately, the Court held that GHG emissions alone cannot trigger an obligation to obtain a PSD or Title V permit, but that EPA can require a source to have a BACT limit for GHGs in its PSD permit if the source is required to obtain a PSD permit for any other pollutant. (more…)
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Sandra Snyder, Richard Alonso, Jeff Holmstead and Charles Nixon
Bracewell & Giuliani
Category: Air Quality/Climate Change, Courts, Crude and Products, DOE, Electric, Enforcement, Environmental, Litigation, Midstream, National Energy Law, Natural Gas/LNG, Offshore, Power, Regional Energy Law, Renewable Energy/Cleantech, Shale Development, Transmission, Upstream Energy
Supreme Court to Determine Whether Agencies Must Undergo Notice and Comment Prior to Changing an InterpretationMonday, June 16, 2014 2:07 pm by Grant MacIntyre and Kevin Ewing
The Supreme Court has agreed to hear a case that could have far-ranging implications for agency proclamations that impact the business community. On Monday, June 16, 2014, the Supreme Court granted certiorari in Nickols v. Mortgage Bankers Assoc., No. 13-1052. The Supreme Court will address “[w]hether agencies subject to the Administrative Procedure Act are categorically prohibited from revising their interpretative rules unless such revisions are made through notice-and-comment rulemaking.” (more…)
Bracewell & Giuliani
On June 4, Bracewell partner Jason Hutt was interviewed on Nightly Business Report by NBC’s Jackie DeAngelis about the role of government support in the growth of the solar power industry. Click here to view the Nightly Business Report clip.
Jeff Holmstead, Richard Alonso, Jason Hutt and Grant MacIntyre
On June 2, 2014, EPA issued a proposed rule to control carbon dioxide emissions from existing coal-fired power plants. In its public outreach, EPA presents the rule as requiring a 30% reduction in carbon emissions by 2030 from the baseline year 2005. It is true that the rule would result in CO2 emissions that are 30% lower than in 2005, but the actual state-by-state emission reduction requirements are based on a 2012 baseline, which may disadvantage certain states or companies that made significant CO2 reductions before that year. The proposal establishes GHG emission targets for each State (except the District of Columbia and Vermont, which do not have any coal-fired power plants), and the targets represent very different levels of emission reduction in different states based on what EPA believes is economically feasible in each state. (more…)
Sandra Snyder, Richard Alonso and Grant MacIntyre
EPA suffered a major loss on May 30 when the D.C. Circuit refused to uphold EPA’s attempt to narrow the ruling in the Summit aggregation case to only the states in the 6th Cir. Reversing more than 20 years of EPA practice, the Summit case directed EPA to refrain from using interdependency or the functional interrelatedness of various sources when making a determination regarding whether to aggregate the emissions from those sources for NSR and Title V permitting purposes.
In December 2012 after the Summit decision was final, EPA issued a memo that said the Agency would only apply the Sixth Circuit’s Summit decision in the states of Kentucky, Tennessee, Ohio, and Michigan. The memo was challenged by an industry trade association, the National Environmental Development Association (NEDA). (more…)