June 2012

The Top 6 at 6: A Review of the Most Important Climate Change Legal Stories in the First Half of 2012

June 30, 2012 21:01
by J. Wylie Donald
Arbitrary and capricious.  Familiar words to anyone involved in regulatory activity.  But also applicable to calendars, which willy-nilly cut off a series of events and ascribe them to one solar cycle, as if the sun gave two hoots.  As we perused the various "Climate Change: Year in Review" reviews that crossed our desk last January, we concluded 365 days are arbitrary and one year capricious in assessing what is important to resurrect and re-discuss.  We further concluded that a 12-month look-back is too long.  So, for what it is worth, here is one of six months....

Carbon Dioxide | Climate Change | Climate Change Litigation | Greenhouse Gases | Insurance | Legislation | Regulation | Year in Review

The DC Circuit Locks in USEPA's GHG Regulations - Sort Of

June 26, 2012 20:13
by J. Wylie Donald
It took a little over five years but USEPA's greenhouse gas regulation program is now firmly established - for the moment anyway.  The D.C. Circuit today rejected every challenge by numerous petitioners and intervenors to the whole raft of USEPA rules that followed from the critical Supreme Court decision, Massachusetts v. EPA, in 2007.  In Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency (attached), the D.C. Circuit considered arguments against the validity of The Endangerment Rule, Endangerment and Cause or Contribute Findings for Greenhouse Gases Unde...

Carbon Dioxide | Climate Change Litigation | Greenhouse Gases | Legislation

Rio+20 Disappoints But Does Renewable Energy Need an International Treaty to Move Forward?

June 23, 2012 14:34
by J. Wylie Donald
Rio+20 wrapped up yesterday.  The moniker derives from the twentieth anniversary of the Earth Summit, the 1992 United Nations Conference on Sustainable Development, which was held in Rio de Janeiro.  This reprise was billed as “an historic opportunity to define pathways to a safer, more equitable, cleaner, greener and more prosperous world for all.”  The conferees focused on two themes:  “How to build a green economy to achieve sustainable development and lift people out of poverty, ... and how to improve international coordination for sustainabl...

Climate Change | Legislation | Renewable Energy | Solar Energy | Sustainability

The CUNY Solar Summit: Will the Big Apple Become the Big PV Cell?

June 9, 2012 19:48
by J. Wylie Donald
"Now I'm as excited about renewables as anybody. But they're a niche play."  We excerpt this from a terrific interview of Southern Company CEO Tom Fanning by Joseph Rago of the Wall Street Journal (The Natural Gas Skeptic, WSJ, June 9-10, 2012).  It resonated because we spent all day Thursday at the Solar Summit sponsored by City University of New York. New York City is jumping into solar power with both feet, head over heels and at a fever pitch.  It is no longer just the Big Apple.  If NYC has its way, it will be the Big PV Cell as well.  You have that right.  T...

McCARTER & ENGLISH CLIMATE CHANGE AND RENEWABLE ENERGY PRACTICE GROUP

The business case for the development of renewable energy projects, from biodiesel and ethanol to wind, solar, and distributed generation, is more compelling than ever as tax and regulatory incentives combine to attract investments. Emerging issues in environmental law and increasingly recognized principles of corporate social responsibility are encouraging public companies to voluntarily reduce greenhouse gas emissions, install clean energy alternatives, and invest overseas in projects under the Kyoto Protocol to respond to climate change concerns.

Click here for more information and a list of our group members.

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