Search Results
Use the filters on the left-hand side of this screen to refine the results further by topic or document type.

Resolving Technical Issues to Realize the Promise of Geological Sequestration

Conventional wisdom suggests that the future of coal-fired power generation—from which the United States derives roughly one-half of its power—depends in no small part on the realization of geologic sequestration of carbon emissions in underground formations (for more on this, see Climate Change Deskbook §1.2.3.1.2). Two recent proposals by the U.S. Environmental Protection Agency (EPA) bring this issue to the fore: the Agency’s prevention of significant deterioration (PSD) tailoring rule and its geologic sequestration well rule.

To Bundle or Not to Bundle

California has been struggling with how to implement its requirement that a certain percentage of energy consumed in the state come from renewable (e.g., solar, wind, biomass) sources. So-called renewable portfolio standards (RPSs) have become a popular way for states to try to wean themselves off energy derived from burning fossil fuels, thereby avoiding the resulting carbon dixoide emissions.

Global Warming Litigation and the Ghost of Mrs. Palsgraf: Why Carbon-Heavy Entities Should Be Scared of Both

Any private entity with significant greenhouse gas (GHG) emissions could be identified in the next climate change lawsuit. Filed in 2004 by a coalition of states and land trusts, Connecticut v. American Electric Power was the first major climate change lawsuit identifying private entities as defendants. On September 21, 2009, the U.S. Court of Appeals for the Second Circuit in Connecticut permitted plaintiffs to seek an order capping the carbon dioxide (CO2) emissions of five electric utilities by certain percentages for at least 10 years. Less than a month later, the U.S.

Did Copenhagen Give Climate Change Legislation Any "Bounce" in the Senate?

If President Barack Obama expected to get any "bounce" from December's international climate change talks in Copenhagen in terms of gaining U.S. Senate acceptance of comprehensive climate change legislation, he must have been sorely disappointed. Of course, after his recent State of the Union address--with its focus on domestic jobs--perhaps the president's climate change ambitions are diminished.

Returning the Common Law to Its Rightful Place

Many years ago, I had the pleasure of having Prof. J.B. Ruhl as my guest at the annual Environmental Law Institute awards dinner in Washington, D.C. (For those of you who have not had the opportunity to attend, the dinner is a testament to the environmental bar's collegiality.) At the time, J.B., now the Matthews & Hawkins Professor of Property at Florida State Law School, was teaching at George Washington University Law School and in the midst of publishing a series of intriguing law review articles applying "complexity theory" to environmental law.

Are There Lessons to Be Learned From California's Proposed Cap-and-Trade Program?

The U.S. Senate's inability to pass climate change legislation does not arise from its inability to nail down the particulars of a greenhouse gas (GHG) emission cap-and-trade program. While GHG cap-and-trade programs have been the centerpiece of congressional bills for a number of years, disagreement on the mechanics of such a program is not what has led to legislative stalemate.

Carbon Capture and Sequestration in Practice

John Pendergrass: Our excellent faculty today includes Dina Kruger, director of the Climate Change Division of the Office of Atmospheric Programs at the U.S. Environmental Protection Agency (EPA); Kipp Coddington, a partner with Mowrey Meezan Coddington Cloud LLP; and Russ LaMotte, a partner with Beveridge & Diamond PC.

I. U.S. Environmental Protection Agency Initiatives