Jump to Navigation
Jump to Content

CO2

Legal Pathways to the Broad Use of Negative Emissions Technologies and Direct Air Capture of Greenhouse Gases

ELR Article

Deep decarbonization will have to explore the use of negative emissions technologies (NETs), which include the direct air capture (DAC) of ambient carbon dioxide. NETs capture or consume more carbon dioxide than they emit, and DAC is a...

Realizing China’s Paris Commitment to Addressing Climate Change: Challenges and Legal Solutions

ELR Article

Since 1990, China’s carbon emissions have increased 73% due to economic growth. Although China’s emissions per capita are only about one-fifth of those from the United States, China is the largest emitter in the world. China signed the...

Juliana v. United States

ELR Case

A district court adopted a magistrate judge's recommendations and denied motions to dismiss a lawsuit brought by a group of young people against the U.S....

Oklahoma v. McCarthy

ELR Case

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should have jurisdiction over the state's lawsuit challenging EPA's proposed "Clean Power Plan" to reduce carbon dioxide emissions on a nationwide...

Dedicated ELR Issue on the Proposed Clean Power Plan: Introduction

ELR Article

On June 18, 2014, EPA officially proposed the Clean Power Plan—a rule that aims to reduce CO2 emissions from the nation’s existing fleet of fossil fuel-fired power plants. The proposal was developed pursuant to CAA §111(d), a section of...

Historical Perspectives on §111(d) of the Clean Air Act

ELR Article

Looking at the history of the Clean Air Act provides some guidance on what Congress intended when it required the “best system of emission reduction” under §111(d) and on EPA’s supervisory authority over state plans. But the drafting...

Section 111(d) and the Clean Power Plan: The Legal Foundation for Strong, Flexible, and Cost-Effective Carbon Pollution Standards for Existing Power Plants

ELR Article

EPA’s Clean Power Plan is a rational, solid rulemaking designed to deliver flexible, efficient control of greenhouse gas emissions from existing fossil fuel-fired power plants. EPA has identified the best system of emission reduction...

Apples and Oranges: Assessing the Stringency of EPA’s Clean Power Plan

ELR Article

An accurate assessment of the stringency of state emission goals under EPA’s proposed Clean Power Plan compares state emission goals to adjusted state emission rates that incorporate known and reasonably foreseeable measures that will...

Designing CO2 Performance Standards for a Transitioning Electricity Sector: A Multi-Benefits Framework

ELR Article

A significant transition is underway within the electricity sector due to several market forces, retirement of certain plants, and regulatory pressures. There is notable overlap between available strategies for mitigating electricity...