LexisNexis Environmental Law & Climate Change: Environmental Law & Climate Change

Marten Law Group on Pacific Merchant Shipping Ass'n v. Goldstene

Alyssa Moir — Mon, 28 Apr 2008 09:24:56 GMT

In Pacific Merchant Shipping Ass'n v. Goldstene, the Ninth Circuit Court of Appeals affirmed a district court decision prohibiting the State of California from enforcing limits on diesel particulate matter, nitrogen oxide, and sulfur oxide emissions originating from diesel engines aboard marine vessels (the “Marine Vessel Rules”). An

Marten Law Group: Threatened by Rising Seas, Native Village Seeks Lifeline in Federal District Court

Dustin T Till — Fri, 18 Apr 2008 15:23:55 GMT

Several lawsuits have been filed in federal district court asserting that large emitters of greenhouse gases are responsible for rising sea levels and other harms attributable to global warming. In this Emerging Issues Commentary, Dustin Till of the Marten Law Group discusses one of the most recent lawsuits, Native Village of Kivalina v. ExxonMobil Corp., in which a native Alaskan coastal village alleges that defendant power companies greenhouse gas emissions constitute a nuisance and a

Jenner & Block: Emissions Reporting Risks of Facilities With Complex Ownership Structures

Michael R. Strong & Edward F. Malone — Fri, 11 Apr 2008 13:41:01 GMT

In the second of a series of articles on the Lieberman-Warner Climate Security Act of 2007 (S.2191), Michael R. Strong of Jenner & Block's Chicago office and Edward F. Malone note that although this bill still faces significant hurdles, it is sufficiently close to be

Jenner & Block: Federal and State Tax Incentives for Renewable Energy

Gail H. Morse and Alexandra E. Dowling — Mon, 07 Apr 2008 16:38:23 GMT

In this Emerging Issues Commentary, Gail H. Morse and Alexandra E. Dowling of Jenner & Block’s Chicago office trace the history of federal and state tax incentives, starting with early federal tax incentives in 1916 for fossil fuel production. They note that the first federal and state income tax incentives for renewable energy production were enacted in 1978 as a reaction to the 1973 oil crisis, with no new incentives enacted until the mid-2000s when the political landscape had cha

Marten Law Group: Washington State Advisory Group Issues Blueprint to Reduce GHG Emissions

Michael G Lufkin — Tue, 01 Apr 2008 16:01:56 GMT

In this Emerging Issues Commentary, Michael Lufkin of the Marten Law Group discusses a report issued by the Washington Climate Advisory Team that contains policy recommendations and strategies for addressing climate change in Washington State. Of the 12 recommendations, five are considered broad enabling strategies that focus on transforming the state to a low-carbon economy by integrating the cost of carbon into business and consumer decisions, and seven outline specific actions in the

Jenner & Block: Climate Change 2007 Review: "States, Trades, and Automobiles"

Oscar Marrero & Gabrielle Sigel — Tue, 11 Mar 2008 14:12:06 GMT

The year 2007 was a pivotal one for climate change, as this issue became the focus of political, economic, and social discourse. In this informative Emerging Issues Commentary, Gabrielle Sigel (a partner) and Oscar Marrero (an associate) at Jenner & Block's Chicago office review the key climate change developments and initiatives that took place over the year. As they note, while 2007 "began with corporate America calling fo

Marten Law Group: Alternative Energy & ESA (Climate Change Feb 2008)

Linda R. Larson — Tue, 11 Mar 2008 11:10:07 GMT

As concern over global warming grows, more and more countries are exploring and investing in new sources of energy production such as solar, wind, tidal and wave power, and biofuels. Although the general consensus seems to be that turning to energy sources that reduce greenhouse gas emissions should be in a global sense better for endangered species, an examination of specific types of alternative energy sources demonstrates that eac

Marten Law Group: As EPA Delays GHG Endangerment Decision, New Rulemaking Petitions Pile Up

Dustin T Till — Thu, 14 Feb 2008 17:04:50 GMT

In this Emerging Issues Commentary, Dustin Till of the Marten Law Group notes that nearly a year has passed since the U.S. Supreme Court’s groundbreaking decision in Massachusetts v. EPA ordering the Environmental Protection Agency to determine whether greenhouse gas (GHG) emissions from new motor vehicles threaten human health. With EPA stating in February 2008 that it does not have a s

California Moves to Reduce Greenhouse Gas Impacts From Transportation Fuels

Alyssa Moir — Thu, 07 Feb 2008 11:30:28 GMT

In this Emerging Issues Commentary, Alyssa Moir of the Marten Law Group examines California's plan to institute a low carbon fuel standard (LCFS) for transportation fuels, the implementation of which is expected to begin by the end of 2008. The LCFS will require fuel providers in or importing into California to ensure that the mix of fuel they sell meets, on average, a declining standard for greenhouse gas emissions. The LCFS will me

CA Sues EPA Over Vehicle Emissions Standards; CARB Disputes Effectiveness of New Federal Standards

Steven G Jones — Wed, 06 Feb 2008 14:41:45 GMT

California's immediate appeal of EPA's denial of its request for a Clean Air Act waiver to set stricter vehicle emissions standards than required by federal law is the focus of this Emerging Issues Commentary by Steven Jones, a partner with the Marten Law Group. As Mr. Jones explains, 40 prior waiver requests have been granted to California by EPA and this is the first time a waiver request has been denied. After providing background

EPA Denies Clean Air Act Waiver for California's GHG Regulation for Motor Vehicles

Oscar Marrero & Gabrielle Sigel — Wed, 16 Jan 2008 19:09:03 GMT

In this Emerging Issues Commentary, Oscar Marrero and Gabrielle Sigel of Jenner & Block's Chicago office examine the Environmental Protection Agency's denial of California's request for a Clean Air Act (CAA) waiver, which was sought by the state so that it could implement its regulation to control greenhouse gas (GHG) emissions from motor vehicles (the CA GHG Regulation). After providing an overview of the CA GHG Regulation, the

Climate Change: Current and Emerging Legal Issues

Jenner & Block Climate & Clean Technology Law Prac — Wed, 16 Jan 2008 18:51:24 GMT

Climate change presents significant risks and opportunities for Corporate America. As a result, in-house counsel must be aware of the rapidly evolving legal developments pertaining to climate change. In this paper, the attorneys in Jenner & Block LLP’s Climate & Clean Technology Law Practice describe key legal issues in this area, including the current regulatory framework; proposed federal legislation; relevant environmental, energy, and natural resources laws; pending and anti

Registering Emissions Under Lieberman-Warner Bill - Liability Risks and Solutions

Michael R. Strong & Edward F. Malone — Wed, 16 Jan 2008 18:47:01 GMT

In this Emerging Issues Commentary, Michael R. Strong of Jenner & Block's Chicago office and Edward F. Malone examine America's Climate Security Act of 2007, also known as the Lieberman-Warner bill (S.2191),

Marten Law Group: Anaerobic Digesters -- A Promising Source of Renewable Power, Carbon Offsets

Alyssa Moir — Fri, 04 Jan 2008 17:37:06 GMT

In this Emerging Issues Commentary, Alyssa Moir of the Marten Law Group explores the promise and challenges of biomass energy, particularly the anaerobic digestion of agricultural wastes. Biomass is the chemical decomposition of biodegradable or organic matter for the production of methane, and anaerobic digesters are covered lagoons and se

Center for Bio Diversity v. NHTSA (Climate Change Dec 2007)

Dustin T Till — Fri, 04 Jan 2008 14:44:23 GMT

In this Expert Commentary, Dustin Till of the Marten Law Group examines the Ninth Circuit Court of Appeals’ landmark decision in Center for Biological Diversity v. National Highway Traffic Safety Administration, which arose out of challenges to new automobile fuel efficiency standards (also known as CAFE standards) for light trucks and SUVs developed by the National Highway Traffic Safety Administration. In that case, the court held, for the first time, that federal agencies must assess

Marten Law Group: The Battle Over the Bear: Climate Change Playing a Larger Role in Species Protection

Jessica K Ferrell — Tue, 11 Dec 2007 18:37:01 GMT

In this Emerging Issues Commentary, Jessica Ferrell of the Marten Law Group examines efforts by environmental groups to require federal wildlife services to consider climate change impacts in listing decisions under the Endangered Species Act (ESA). Among the topics discussed are the regulatory consequences of ESA listing and critical habitat designation, potential regulatory implications of listing the polar bear, petitions to list other species due to climate change threats, litigation rega

Marten Law Group: California Files Suit to Compel Decision on New Motor Vehicle GHG Emissions Standards

Alyssa Moir — Tue, 11 Dec 2007 10:55:46 GMT

In this Emerging Issues Commentary, Alyssa Moir of the Marten Law Group reports on a lawsuit filed on November 8, 2007, by California against the Environmental Protection Agency seeking to compel the agency to act on a 2005 waiver request under the Clean Air Act that would allow California to adopt greenhouse gas vehicle emission standards on new cars and trucks.

Ms. Moir writes: "The crux of CARB’s argument is that the EPA has had more t

Marten Law Group on Green Mt. Chrysler Plymouth Dodge Jeep v. Crombie: Court Upholds State's Right to Regulate GHG Emissions from New Motor Vehicles

Dustin T Till — Mon, 12 Nov 2007 15:23:44 GMT

A Vermont federal district court’s ruling in Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie that state-level greenhouse gas (GHG) emission requirements for new motor vehicles are not preempted by federal fuel efficiency standards is examined by Dustin Till of the Marten Law Group in this Expert Commentary. Acting to fill a federal vacuum in GHG regulations, at least 16 states have adopted legislation or joined re

Marten Law Group: States, Courts Drive Climate Change Policy While Federal Government Sits on Sidelines

Michael G Lufkin — Mon, 12 Nov 2007 14:52:26 GMT

While federal lawmakers continue to debate climate change policy, states, local governments, and court cases have moved forward. In this Emerging Issues Commentary, Michael G. Lufkin of the Marten Law Group reviews the most important recent regional, state, and local laws and regulations, as well as the most significant judicial developments driving climate change policy across the country. Mr. Lufk

Marten Law Group: WA County Requires that Climate Impacts be Considered (Climate Change Sept. 2007)

Steven G Jones — Wed, 26 Sep 2007 15:43:13 GMT

In this Emerging Issues Commentary, Steve Jones, a partner with the Marten Law Group, examines an Executive Order issued by King County, Washington, requiring County agencies to consider climate change impacts as part of their project review under Washington’s State Environmental Policy Act (SEPA). Expert advice is provided on key issues that will need to be addressed by attorneys representing project proponents, such as what constitutes a “climate impact.” Also discussed ar

Marten Law Group: Petitions Seek to Use CWA's TMDL Process (Climate Change Sept. 2007)

Laura B Fandino — Wed, 26 Sep 2007 14:53:11 GMT

In this Emerging Issues Commentary, Laura Fandino of the Marten Law Group discusses petitions filed by the Center for Biological Diversity seeking to have 8 coastal states institute controls to reduce acidification of their coastal waters. Each petition urges the respective state to list ocean waters under their jurisdiction on the Clean Water Act (CWA) 303(d) list and to set Total Maximum Daily Loads (TMDLs) for carbon dioxide to curb acidification of the oceans. Expert analysis is provided

Marten Law Group: CA County Climate Change Settlement (Climate Change Sept. 2007)

Dustin T Till — Wed, 26 Sep 2007 13:58:00 GMT

In this Emerging Issues Commentary, Dustin T. Till of the Marten Law Group provides the details of a settlement in a landmark climate change lawsuit filed under California's environmental review statute (known as CEQA) between the State of California and San Bernardino County that requires the County to inventory and mitigate greenhouse gas (GHG) emissions associated with its land use planning decisions. After a discussion of the background of the lawsuit, its impact is examined along with th