Midwest Design For Low-Carbon Fuel Conflicts With Other Regions

Midwest state officials crafting a regional low-carbon fuel standard (LCFS) are likely to propose a less stringent indirect land-use greenhouse gas (GHG) emissions penalty for corn-based ethanol than California has adopted and Northeast officials are pursuing, setting up a potential clash among the regions and possibly complicating any efforts to develop a national policy. The Midwest approach to an LCFS would benefit corn growers and demonstrates the influence of the powerful agriculture lobby, which could help shape how federal regulators...

Rulings May Set Higher Causation Standard For Environmental Tort Suits

Recent court rulings on antitrust, terrorism and other issues may have set a strict precedent raising plaintiffs' burden to prove causation in lawsuits, observers say, which may make it harder for activists to file environmental tort suits, for example litigation against power plants for harm caused by their greenhouse gas (GHG) emissions. Democratic lawmakers concerned about the more stringent causation test are already pushing legislation to reverse the standard to the precedent that was in place before the recent cases...

Activists Lose Court Battle Over Mercury-Contaminated Chemical Agent

An Oregon state trial court has rejected citizen activists' attempt to halt incineration of mercury-contaminated chemical agent in the state in order to review alternative destruction technologies. Activists fear incineration will release dangerous mercury trapped in the mustard agent being destroyed. At issue is the disposal of World War II-era mustard agent tainted with mercury at the Army's Umatilla Chemical Depot in Hermiston, OR. The citizens group G.A.S.P. has been trying for years to force the Army's Chemical Materials Agency...

Activists' SIP Suits May Delay Permits Until Issuance Of Strict Utility Rules

Environmentalists are suing EPA to force it to use a Clean Air Act power to block coal-fired utility permits issued under state air quality plans that they say fail to comply with the air law, a strategy that one environmentalist says could have the unintended effect of delaying the permits until the agency implements stricter air, waste and other rules that the permits would have to adopt. Sierra Club and Valley Watch are pursuing legal challenges to permits for power...

Labor Vows To Push Senate For 'Buy American' Rules In Environmental Laws

As unemployment numbers continue to rise, a key labor official is vowing to push the Senate to adopt controversial "Buy American" domestic content requirements included in House-passed climate and clean water legislation as a way to create new domestic jobs and reduce greenhouse gas emissions, setting the stage for a contentious debate on the issue when the bills are considered in the upper chamber. Robert Baugh, executive director of the Industrial Union Council of the AFL-CIO, said in a Nov...

Clean Air Report - 11/26/2009

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Pollution Transport Case Dismissed

A federal appeals court has dismissed North Carolina's concern that pollution transported into the state from Georgia is contributing to its ozone problems, finding the Tar Heel State lacked standing to bring suit against EPA to force the agency to address emissions from sources in Georgia. In a Nov. 24 ruling , the U.S. Court of Appeals for the District of Columbia Circuit dismissed North Carolina's request to force EPA to revoke an exemption the agency granted Georgia in 2008...

White House Offers GHG Targets

In advance of international climate talks in Copenhagen, the White House has announced its long-awaited near term greenhouse gas (GHG) emissions reduction target of 17 percent below 2005 emission levels by 2020, the same target called for in House-passed climate legislation. The White House revealed the GHG reduction targets in a Nov. 25 press release that also says President Obama, EPA Administrator Lisa Jackson and other top administration energy and environmental officials will attend next month's international climate negotiations in...

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