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Category Archives: Climate Change
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EPA to Reconsider Final Determination on Mid-term Evaluation of GHG Emission Standards for Light-Duty Vehicles
EPA and NHTSA are currently conducting a Mid-term Evaluation as part of the 2012 GHG emission standards established for MY 2017-2025 passenger cars and trucks. Pursuant to the 2012 rulemaking, EPA committed to conduct a Mid-term Evaluation of the GHG standards for MY 2022-2025 light-duty vehicles. As part of the Mid-term Evaluation, EPA issued for
European Commission publishes minimum principles for shale gas exploration
On 22 January 2014, the European Commission (Commission) published a “Recommendation on minimum principles for the exploration and production of hydrocarbons (such as shale gas) using high volume hydraulic fracturing” (Recommendation). The Recommendation sets out minimum core principles for the exploration and production of hydrocarbons (e.g., shale gas) using high-volume hydraulic fracturing. The Recommendation is
DOI Energy and Climate Task Force to Develop Mitigation Strategies for Projects on Federal Lands
Secretary of the Interior Sally Jewell’s first Secretarial Order, S. 3330, directs DOI’s Energy and Climate Task Force to prepare a comprehensive mitigation strategy for development projects on federal lands. In a speech on October 31, Secretary Jewell first announced the new mitigation directive when she shared her vision of the Administration’s conservation agenda with
DOE Seeking Comment on Advanced Fossil Loan Program
Earlier this month, the U.S. Department of Energy (DOE) requested comments on its draft solicitation for advanced fossil energy loan guarantee projects that significantly reduce greenhouse gas and other pollution emissions. This Advanced Fossil Energy Projects loan guarantee solicitation was authorized in Section 1703 of the Energy Policy Act of 2005, and DOE is moving
Polar Bear Endangered Species Act Listing Upheld by D.C. Circuit While New Challenge May Loom
A recent denial of rehearing by the D.C. Circuit Court of Appeals brought closure to a lawsuit challenging a five-year old decision by the U.S. Fish and Wildlife Service (FWS) to list the polar bear under the Endangered Species Act (ESA). One environmental group, however, has now indicated its intent to sue FWS with a
EPA Comments on the Keystone NEPA Review—Monetizing the Social Costs of CO2 Emissions
On April 22, 2013, comments filed on the Keystone Pipeline draft supplemental environmental impact statement, EPA unveiled a new approach to evaluating climate change impacts under NEPA—monetizing social costs of CO2. In those comments, EPA’s Assistant Administrator for Enforcement and Compliance Assurance recommended that the State Department use “monetized estimates of the social cost of
Senate Energy Committee Schedules Forums on Natural Gas
The Senate Energy and Natural Resources Committee has announced it will hold a series of roundtable forums on natural gas issues in May. Each of the three forums, which follow a February Committee hearing on natural gas challenges and opportunities, will focus on specific policy issues facing the country’s growing natural gas resources.
Shale gas exploration: European Commission launches stakeholder Consultation
The European Commission is completing a Consultation on the need for additional regulation of unconventional fossil fuel (e.g., shale gas) exploration and development in Europe. The Consultation period ends on 23 March 2013 and results will be made available on the Commission’s website and at a stakeholders’ meeting to be held by the Commission in
EPA Response to Sixth Circuit Denial of Petition to Rehear Earlier Rejection of CAA Aggregation Policy Creates Geographic Confusion
The National Environmental Development Association’s Clean Air Project (NEDA/CAP) recently filed a petition for review for review in the D.C. Circuit challenging a December 21, 2012 EPA Memorandum, which provides policy guidance on the applicability of the Sixth Circuit’s decision in Summit Petroleum Corp. v. EPA (No. 09-4348/10-4572) to Clean Air Act (CAA) Title V and
DOE, EPA, OMB Nominees Announced
Earlier today, President Obama announced the nomination of three cabinet-level appointments to his Administration: Ernest Moniz as Secretary of Energy; Gina McCarthy as Administrator of the Environmental Protection Agency; and Sylvia Matthews Burwell as Director of the Office of Management and Budget.
Senate Energy Committee to Hold Major Hearing on Natural Gas
Senate Energy and Natural Resources Committee Chairman Ron Wyden (D-OR) has scheduled a full committee hearing on February 12 entitled, “Opportunities and Challenges for Natural Gas.” The hearing will be held at 10:00 am in room 366 of the Dirksen Senate Office Building. This hearing comes at a pivotal time for the U.S. natural gas
Review of issues for 2013
The following is a summary of some of the key issues Congress and the Administration will be debating in 2013. Please contact us with any questions. We are happy to provide further analysis as well as insight into other areas of interest. Agriculture: Tom Vilsack is expected to stay on as Secretary of Agriculture. The
D.C. Circuit Upholds EPA’s Greenhouse Gas Rules
In a per curiam decision (issued by the whole three-judge panel), the D.C. Circuit recently upheld EPA’s endangerment finding and several greenhouse gas (GHG) emission rules under the Clean Air Act (CAA). The decision endorses EPA’s current regulation of GHGs, and paves the way for future GHG rulemaking. The D.C. Circuit addressed challenges to several
EU Agrees to First Energy Efficiency Directive
Authored by Christopher Norton and Camilla Shires, Hogan Lovells London Office Against a background of growing dependency on energy imports and the recognition that the EU is currently not on track to meet its 20% energy saving target by 2020, European policymakers have finally reached agreement on the first-ever Energy Efficiency Directive. The Directive is
EPA Proposes New Standards for GHG Emissions from New Stationary Sources: Electric Utility Generating Units
Acting on its 2009 finding that greenhouse gas emissions (GHGs) endanger both the public health and welfare, EPA has released a proposed new source performance standard (NSPS) rule for carbon dioxide (CO2), a GHG, from new fossil fuel-fired electric generating units (EGUs), including fossil-fuel boilers, integrated gasification combined cycle units, and stationary combined cycle turbine
Indiana Approves First Major Air Permit Addressing GHGs for Coal to Natural Gas Plant
On May 7, 2012, the State of Indiana Department of Environmental Management (IDEM) approved the air permit for a major coal to natural gas plant proposed by Indiana Gasification, LLC (IG). The IG permit is Indiana’s first major Prevention of Significant Deterioration (PSD) permit addressing emission control requirements for greenhouse gases (GHGs). IDEM has submitted
The Polar Bear Rule: FWS Proposes Special Rule for Ursus Maritimus
In May 2008, the Bush administration listed the polar bear as a threatened species under the Endangered Species Act (ESA). On December 16, 2008, the U.S. Fish and Wildlife Service (FWS) issued an interim special rule for management of the polar bear under § 4(d) of the ESA. Both the listing and interim special rule
Welcome to HL Focus on Regulation
Hello and welcome to the Hogan Lovells Focus on Regulation. We are delighted to introduce you to our government regulatory blog. In an increasingly complex global market, it’s more important than ever to understand, anticipate, and quickly respond to a wide range of regulatory challenges. Our goal is to use this blog to bring you