Georgetown Law
 

Regulation

The Georgetown Climate Center tracks federal climate and energy regulation that affects U.S. states. The Center also seeks to improve communication and coordination between states and federal agencies.

Currently, the Center is providing analysis and assistance to states and federal agencies in the wake of the EPA's endangerment finding and recent court rulings that call upon the federal government to regulate greenhouse gas emissions.

From Inside EPA (subscription only):
In a Feb. 23 letter to Senate Majority Leader Harry Reid (D-NV) and Senate Minority Leader Mitch McConnell (R-KY), environmental officials from the nine states argue a “resolution of disapproval” introduced by Sen. Lisa Murkowski (R-AK) that would invalidate EPA’s endangerment finding would also prevent the federal program for vehicle GHG standards from being finalized. Joining California Air Resources Board Chairwoman Mary Nichols on the letter are the heads of the environmental departments in Connecticut, Maine, Massachusetts, New Mexico, New York, Oregon and Rhode Island.

“As you know, under this program, EPA proposed federal GHG standards for vehicles that will be roughly equivalent to both the federal corporate average fuel economy (CAFE) standards and the GHG standards pioneered by California and adopted by 13 other states and the District of Columbia,” the letter states. “The existence of comparable federal GHG standards, in turn, would allow our states to accept compliance with the federal program as demonstrating compliance with the California program.”

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News and Updates

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 gas...

EPA will delay proposed greenhouse gas and fuel economy standards for model year 2017-2025 cars and light trucks until mid-November, according to press reports. The agency had originally aimed to issue the proposed rule by Sept. 30.  EPA is working on the standards jointly with the National Highway Transportation Safety Administration (NHTSA).


EPA cited the difficulty of coordinating with stakeholders for the delay:

"We have worked closely with all key stakeholders including the car companies, the state of California, and others as we move toward releasing the proposed rule," NHTSA spokeswoman Lynda Tran said in an email.

"Given the historic nature of this joint rule between EPA and DOT, as well as the necessary...

The Environmental Protection Agency (EPA) has delayed the release of its greenhouse-gas (GHG) performance standards for power plants, previously scheduled for September 30 (after a postponement of the original July 26 deadline earlier this year). EPA plans to issue a new release schedule soon.

The move comes amid intense pushback from business groups and Republican...

The Environmental Protection Agency (EPA) and the National Highway Transportation Safety Administration (NHTSA) issued a Supplemental Notice of Intent (NOI) on July 29, 2011, announcing plans to require vehicles to achieve an average 54.5 miles per gallon (mpg), or 163 grams per mile of CO2, on a fleet-wide basis in model year (MY) 2025. (76 Fed. Reg. 48,758). The standards, which would apply to model year 2017-2025 light duty vehicles, are projected to reduce greenhouse gas emissions by approximately two billion metric tons and save four billion barrels of oil over the lifetime of MY 2017-2025 vehicles.

The announcement was accompanied by...