By Leslie Z. Walker

More than three years after the State’s initial request, the United States Environmental Protection Agency (“US EPA”) granted California’s request for a waiver to allow the state to enforce its greenhouse gas (“GHG”) emission standards for new motor vehicles.  The waiver, coincidentally granted as the nation’s largest automaker works its way through bankruptcy court, allows the regulations developed by the California Air Resources Board (“CARB”) in response to Assembly Bill 1493 (Chapter 200, Statutes 2002) to take effect.  The regulations add four GHGs to California’s existing regulations and phase in emission standards for those gases.Continue Reading US EPA Grants California Waiver to of Clean Air Act Preemption to Enforce Greenhouse Gas Emission Standards

By Leslie Z. Walker

On April 17, 2009, the U.S. Environmental Protection Agency (“EPA”) released a proposed finding under Section 202 of the Clean Air Act (42 U.S.C. § 7521(a)(1)) that greenhouse gases in the atmosphere endanger the public health and welfare. (See Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act.)
Continue Reading EPA Issues Proposed Endangerment Finding for Greenhouse Gas Emissions

By Glen Hansen

In Romoland School District v. Inland Empire Energy Center, LLC (9th Cir.Cal., Nov. 18, 2008, No. 06-56632) U.S.App. 23854, the United States Court of Appeals for the Ninth Circuit examined when the citizen suit provision of the Clean Air Act (“CAA”) may be used to halt construction of a power plant that was granted an integrated permit.
Continue Reading Ninth Circuit Clarifies When A Citizen Suit Under The Clean Air Act May Be Brought To Challenge The Construction Of A New Power Plant