EPA Will Not Require Stationary Sources to Obtain Clean Air Act Permits for GHGs Until January 2011

By Adrienne Lee

Yesterday, the U.S. Environmental Protection Agency issued its decision that stationary sources will not be required to get federal permits under the Clean Air Act for greenhouse gases (GHGs) before January 2011. According to EPA Administrator Lisa P. Jackson, “This is a common sense plan for phasing in the protections of the Clean Air Act. It gives large facilities the time they need to innovate, governments the time to prepare to cut greenhouse gases.”  Jackson also announced that during the latter half of 2011 and 2013, the threshold for permitting will be raised “substantially higher” than the originally proposed 25,000-ton limit, with the smallest sources exempted from Clean Air Act permitting requirements until at least 2016.
 

Continue Reading...
Tags:

SEC Interpretive Release On Climate Change Disclosure

By Jeralin Cardoso

On February 2, 2010, the Securities and Exchange Commission (the "SEC") issued an interpretive release (the "Release"), previously approved by a 3-2 vote on January 27, 2010, to provide guidance to public companies as to how the SEC's existing disclosure requirements apply to climate change matters. The Release was issued after requests were made over several years by a variety of environmental, investor and business groups. A copy of the Release can be found at http://www.sec.gov/rules/interp/2010/33-9106.pdf.
 

Continue Reading...

Permit Application Penalty Holiday Established by the AQMD

by Kyndra Joy Casper

Due to the current economic challenges facing businesses and local governments in Southern California, the AQMD adopted Rule 310, Amnesty for Unpermitted Equipment on March 5, 2010. The new rule provides a temporary opportunity to obtain permits for equipment that should have permits without incurring late fees or violations penalties when certain conditions are met. The penalty holiday will last for six months, from February 5, 2010-August 4, 2010.
 

Continue Reading...
Tags:

New Green Technologies Would Meet the Renewable Energy Standard Under the Support Renewable Energy Act of 2010

By Adrienne Lee

On February 23, 2010, Senators Feingold (D-WI) and Ensign (R-NV) introduced legislation that could create new green jobs, promote businesses that produce renewable energy technologies, and reduce the country's dependence on fossil fuels. Known as the "Support Renewable Energy Act of 2010," Senate Bill 3021 would amend the Public Utility Regulatory Policies Act of 1978 to ensure that more forms of renewable energy would meet a new federal standard, called the Renewable Energy Standard (RES). Current proposals in Congress would require utilities companies to produce a certain percentage of their energy from renewable sources, but limit the types of renewable energy that would qualify. Senate Bill 3021 would authorize the Secretary of the Department of Energy to promulgate regulations permitting utilities to use a broader range of sources to comply with these renewable energy requirements.
 

Continue Reading...

EPA Defends Proposed GHG Plan But Extends Timeline

By Kyndra Joy Casper

In September of 2009, the U.S. Environmental Protection Agency (the "EPA") revealed a new proposal to regulate greenhouse gas ("GHG") emissions from power plants, factories and refineries, which are considered large GHG emitters. In a response to questions from Senate Democrats, EPA Administrator Lisa Jackson issued a letter on February 22, standing by the agency's plans to develop the first-time Clean Air Act ("CAA") regulations for GHGs and attacking pending efforts in Congress to overturn the EPA's finding that GHGs endanger public health and welfare. 
 

Continue Reading...