Climate Change Blog | McCarter & English

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

July 24, 2015 03:50
by J. Wylie Donald
Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the electricity business fundamentally, restrict the coal industry severely and raise electricity rates for consumers by more than just pennies.

Carbon Dioxide | Climate Change Effects | Florida | Legislation | Regulation | Rising Sea Levels | Supreme Court | Utilities | Year in Review

How the Supreme Court Just Delayed the Clean Power Plan

July 1, 2015 21:40
by Tricia Caliguire
The Supreme Court’s decision in Michigan v. EPA holding that the Environmental Protection Agency should have considered costs when making the decision to regulate mercury emissions from power plants (the “MATS Rule”) may have put the brakes on the late-summer release of the final Clean Power Plan (“CPP”), the regulations limiting CO2 emissions from power plants – but not because EPA failed to consider the costs. They did, just not the right ones.

Carbon Emissions | Climate Change | Climate Change Effects | Renewable Energy

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?

June 29, 2015 11:50
by J. Wylie Donald
The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS Rule. Until today that is, when a 5-4 majority on the Supreme Court concluded in Michigan v. EPA that EPA’s failure to consider cost in deciding to regulate power plant emissions was improper.

Carbon Emissions | Legislation | Regulation | Supreme Court | Utilities

Pope Says No to Cap and Trade

June 21, 2015 17:49
by Tricia Caliguire
"Pope Francis Stands Up to Climate Deniers," or so says the editorial board of the Newark Star Ledger. Yes, but the headline could have read, "Pope says No to Cap and Trade." In his ENCYCLICAL LETTER LAUDATO SI’ OF THE HOLY FATHER FRANCIS ON CARE FOR OUR COMMON HOME, Pope Francis calls for an honest discussion on environmental issues that divide us, both politically and geographically. While the advance press fed expectations that the encyclical would be all about climate change and humankind’s role in causing it, our read is that the Holy See’s perspective on climate change is part of a larger message.

Climate Change | Greenhouse Gases | Regulation

There's Gold in Them Thar Coal Plants - You Just Have to Know How to Look For It

June 15, 2015 09:20
by J. Wylie Donald
Last Tuesday night saw a few of us enjoying the charms of Virginia Beach as we recovered from a long day of coal plant demolition. (Lawyers in hard hats. Run from that.) Well, not exactly.

Legislation | Regulation | Utilities

Houston Flooding and Lawyers - A Climate Change Informed View

May 27, 2015 09:57
by J. Wylie Donald
"After a natural disaster, such as a hurricane, litigation often follows to determine who will pay for the consequences." Mariner Energy, Inc. v. Devon Energy Prod. Co., 690 F. Supp. 2d 558 (S.D. Tex. 2010) (considering contractual responsibility for property damage after Hurricane Rita).

Climate Change | Climate Change Effects | Climate Change Litigation | Insurance | Weather

Floods in Texas, Flood Mapping, Flood Dollars

May 25, 2015 01:12
by J. Wylie Donald
Floods on the Rio Blanco these past few days demonstrate the link to climate change, but not in the way you think. It was a horrible Memorial Day weekend in Hays County, Texas. At least three people died from the worst flooding seen since 1922. The Rio Blanco crested at 43 feet, 30 feet over flood stage. Over 400 homes were destroyed and the interstate (I-35) was under water.

Climate Change Effects | Regulation | Weather

NERC's Polite Review of the Clean Power Plan: A "Challenge"

April 30, 2015 07:11
by J. Wylie Donald
When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal plants, will you have enough generation from other sources to keep the lights on? Even if you have enough generation, will you have enough natural gas at the times and places when you need it? Is there enough time to get the needed generation and resources in place under EPA's schedule?

Carbon Emissions | Legislation | Regulation | Utilities

Texas Changes the Goal(s)

April 28, 2015 12:09
by Tricia Caliguire
Some say you can't go back, but last week, I did go back -- to Austin, Texas, where I went to law school. Things changed -- the east side has been gentrified, the traffic is horrendous, and Molly Ivins is gone – and are much the same – including that having the legislature in session makes for some interesting headlines.

Climate Change | Renewable Energy | Solar Energy | solar finance

In re Murray Energy - the First Clean Power Plan Donnybrook

April 16, 2015 20:51
by J. Wylie Donald
This morning found us at the E. Barrett Prettyman Courthouse in Washington, hoping to take in the oral argument before the DC Circuit in the first (of what is certain to be many) challenge to the Clean Power Plan: In re Murray Energy Corp. Murray Energy is the largest privately owned coal company in the country and was joined by another coal company, twelve States and numerous amici. It sued last June and claimed, under the All Writs Act, that it would be irreparably harmed by the immense dislocation to be precipitated by EPA's planned move from coal to natural gas, nuclear power, renewable energy and efficiency (i.e., the Clean Power Plan) and, therefore, the Court should stop EPA's plan in its tracks.

Carbon Dioxide | Climate Change Litigation | Legislation | Utilities


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