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Ninth Circuit Approves EPA’s Approach to Greenhouse Gas Emissions from Biomass-Fired Cogenerators

On September 2, the U.S. Court of Appeals for the Ninth Circuit upheld the U.S. Environmental Protection Agency’s approach to regulating greenhouse gas emissions from cogeneration facilities fueled by biomass, the first such decision by any circuit court.

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Regulating Emergency Generators: EPA Denies Rehearing of RICE Rule, Appeals Court is Next Stop

On August 15, the U.S. Environmental Protection Agency (“EPA”) issued a notice denying petitions for rehearing of its new rules governing air emissions from stationary Reciprocating Internal Combustion Engines (“RICE”).

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EPA Proposes Limits on Carbon Dioxide From Power Plants: What It Means for the Pacific Northwest

The U.S. Environmental Protection Agency this week issued is long-anticipated proposal to limit carbon dioxide from power plants, dubbed the “Clean Power Plan.” Predictably, both industry groups …

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Ninth Circuit Denies Rehearing in Greenhouse Gas Case, Continues to Struggle With Standing in Climate Litigation

A recent order of the U.S. Court of Appeals for the Ninth Circuit illustrates the extent to which courts continue to struggle with otherwise routine legal issues …

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Ninth Circuit Rejects Petition Seeking Regulation of Greenhouse Gases in Washington

Two October decisions of the federal courts are likely to have significant implications for regulation of greenhouse gases (“GHG”) under the Clean Air Act. Of greatest note …

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A Pair of D.C. Circuit Decisions Portend Increased Regulation of Sewage Treatment Plants, Biomass Energy, and Other Stationary Sources of “Biogenic” Carbon

A recent decision of the U.S. Court of Appeals for the District of Columbia Circuit (more popularly known as the D.C. Circuit) portends increased regulation of biomass …

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EPA Strains RICE Through the Reliability Screen: Rules on Pollution from Reciprocating Engines Modified To Reflect Reliability Requirements

On January 15, the U.S. Environmental Protection Agency (“EPA”) issued new rules governing pollution from Reciprocating Internal Combustion Engines (“RICE”) used for emergency electric generation. The new …

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