Georgetown Law
 

Federal Climate Actions

The Georgetown Climate Center strives to strengthen state-federal partnerships and to maximize efforts to reduce greenhouse gas emissions and develop the clean energy economy at all levels of government. The Center works closely with federal officials and informs stakeholders about the potential effect of federal actions on state revenue and programs.  As part of that effort, the Center tracks and analyzes federal climate legislation and regulation.

News and Updates

On January 11, 2012, EPA launched a new online data publication tool that provides the public with information on reported greenhouse gas (GHG) emissions in 2010.   The database currently covers nine industry groups, including 29 source categories, that directly emit large quantities of GHGs, as well as suppliers of certain fossil fuels and high global–warming-potential gases.  Power plants, petroleum refineries, and chemical plants were the largest sources of emissions required to report. As mandatory GHG reporting expands to more sources, the data from these will be...

On December 29, 2011, the United States District Court for the Eastern District of California granted partial summary judgment to the plaintiffs in Rocky Mountain Farmers Union v. Goldstene, holding that California’s Low Carbon Fuel Standard (LCFS) violated the dormant Commerce Clause of the United States Constitution.  The court also granted the plaintiffs a preliminary injunction, prohibiting enforcement of the LCFS until the litigation is completed. 

Judge Lawrence J. O’Neill acted in response to summary judgment motions filed by California and by two groups of plaintiffs – one associated with corn ethanol producers and led by the Rocky Mountain Farmers Union (RMFU), and one associated with petroleum producers, refiners and users led by the...

On December 30, 2011, the D.C. Circuit Court of Appeals issued a stay against implementation of the Cross-State Air Pollution Rule (CSAPR).  The CSAPR sets emissions budgets for 28 states whose emissions of SO2, NOx, and/or ozone currently represent a significant impediment to another state’s National Ambient Air Quality Standards (NAAQS) attainment in an average year.  The rule was finalized by EPA on August 8, 2011, with technical revisions proposed on October 6, 2011, and was scheduled to take effect on January 1, 2012.

The case in which the...

On December 1, the Environmental Protection Agency (EPA) and the National Highway Transportation Safety Administration (NHTSA) issued a proposed rule to further reduce greenhouse gas emissions and improve fuel economy for light-duty vehicles for Model Years (MY) 2017-2025 (76 Fed. Reg. 74854,75420). The agencies announced the proposed standards in a Supplemental  Notice of Intent (NOI) in late July, and originally hoped to issue the proposed rule by late September...

On November 29, EPA issued a final rule for GHG reporting, including a six-month extension for several industrial sectors that were previously scheduled to begin mandatory reporting on March 31, 2012.  The move extends that deadline to Sept. 28, 2012, for facilities that include petroleum and natural gas systems, electronics manufacturing, industrial waste landfills, coal mining, industrial wastewater treatment and other installations. The August 4 proposed rule would also have required some industrial facilities to report twice, once for sources of...

On Nov. 21, 2011, the Environmental Protection Agency (EPA) announced that it will not meet a December 15, 2011, deadline to issue new regulations under the Clean Air Act limiting greenhouse gas emissions from oil refineries. The deadline was imposed as part of a settlement agreement with several states and environmental groups in December 2010.  The agency says it needs more time to prepare new source performance standards and is in negotiations to set a new deadline. 

This announcement comes after a recent EPA decision to delay the release of its greenhouse...

On November 9, the U.S. Senate Environment and Public Works (EPW) Committee unanimously passed S. 1813, “Moving Head for Progress in the 21st Century Act,” or “MAP-21” (Boxer, D-CA), a two-year surface transportation bill that will allow greater flexibility for state spending and tighter accountability measures for state Departments of Transportation (DOT) and Metropolitan Planning Organizations (MPO).

MAP-21 will maintain current baseline surface transportation spending, plus inflation, for two years.  The EPW committee’s portion of the bill covers the “highways” section, while the Senate Committee on Banking, Housing, and Urban Affairs is...