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Congress, EPA and Courts Moving U.S. Closer to Greenhouse Gas Emission Limits by Barnes & Thornburg LLP - Indianapolis Office
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October 16, 2009
Previously published on October 2009
The Senate, the Environmental Protection Agency (EPA) and the courts are all pushing the U.S. closer to controls on greenhouse gas (GHG) emissions at power plants and large industrial sources. On Sept. 30, 2009, Sens. Barbara Boxer (D-CA) and John Kerry (D-MA) introduced the Clean Energy Jobs and American Power Act. That same day, the EPA took a step closer to regulating GHG emissions from stationary sources by issuing a proposal to establish the threshold for requiring controls on new stationary sources of GHG emissions and existing sources that make major modifications. And even if neither Congress nor EPA acts, GHG emission controls may be imposed by courts under the nuisance doctrine after a Sept. 21, 2009, decision by the Second Circuit Court of Appeals in State of Connecticut, et al. v. American Electric Power Company Inc., et al.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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