Environmental Newsflash, Issue 16

For a printable version, please click here.

In February 2008, Steptoe & Johnson LLP held a comprehensive climate change seminar in Phoenix, Arizona. Since that time, there have been numerous major developments in the climate change regulation arena. Some of these major developments are listed below.

• Talks continued throughout the year in an effort to achieve a climate change agreement to take the place of the Kyoto Protocol when it expires in 2012.
  
• In June, the Lieberman-Warner climate change bill failed to win the required 60 votes to limit debate in the Senate.
  
• In June, Representative Markey of Massachusetts introduced a climate change bill in the U.S. House. Later that same month, another climate change bill was introduced in the U.S. House by Representatives Doggett of Texas, Van Hollen of Maryland, and Blumenauer of Oregon.
  
• In June, California released its draft plan to reduce greenhouse gas emissions called for by the California Global Warming Solutions Act. The plan calls for the creation of an emissions cap and trade program. A revised plan was released in October.
  
• In July, EU lawmakers approved legislation imposing a cap on greenhouse gas emissions from airlines beginning in 2012.
  
• In July, EPA defers making the decision required by the Supreme Court in Massachusetts v. EPA regarding whether greenhouse gas emissions endanger public health, and issued an advance notice of proposed rulemaking seeking comment on potential regulation of greenhouse gas emissions under the Clean Air Act.
  
• In July, EPA issued proposed regulations under the Safe Drinking Water Act regarding the underground injection of carbon dioxide. The rule would be part of the regulations governing carbon sequestration and storage from power plant emissions.
  
• In September, the Northeast Regional Greenhouse Gas Initiative held its first auction of emissions allowances.
  
• In September, the Western Climate Initiative released its plan for a comprehensive, multi-sector carbon cap and trade program.
  
• In October, EPA missed a deadline to propose a national greenhouse gas emissions reporting rule.
  
• In October, Representative Dingell of Michigan released a discussion draft of legislation to regulate greenhouse gas emissions. The draft would preempt states and regions from enforcing their own rules.

Please click here to access materials from the February 2008 seminar.

For more information, please contact:

James Derouin: 602.257.5237, jderouin@steptoe.com
Fred Bellamy: 602.257.5204, fbellamy@steptoe.com
David Nelson: 602.257.5246, dnelson@steptoe.com
Mark Freeze: 602.257.5215, mfreeze@steptoe.com