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The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits and carbon control efforts for large stationary sources that emit large quantities of carbon dioxide. The emission of certain quantities of other regulated greenhouse gas (GHG) emissions — not carbon dioxide alone — must trigger the...

On June 19, 2014, over 90 scientists sent a letter to EPA urging the Agency to move forward under its Tailoring Rule by "1) moving beyond the flawed assumption that bioenergy is inherently carbon neutral; 2) rejecting the regional accounting method originally proposed in the draft Accounting Framework; and 3) ensuring a scientifically sound methodology for determining the carbon emissions impact to the atmosphere from burning long-recovery woody biomass feedstocks — most notably,...

On the first day of its new term on October 15, the U.S. Supreme Court announced that it would grant review of parts of EPA's greenhouse gas (GHG) regulations. The Court will review part of the June 2012 decision issued by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld EPA's GHG program. It will review whether EPA's GHG regulations for motor vehicles should have triggered Prevention of Significant Deterioration permitting...

On August 28, 2013, the Solid Waste Association of North America (SWANA) and the National Solid Wastes Management Association (NSWMA) sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy urging EPA to (1) issue quickly a final rule clarifying how biogenic carbon emissions will be treated under Prevention of Significant Deterioration (PSD) and Title V permitting requirements and (2) determine that biogenic carbon emissions from municipal solid waste (MSW) should...

On August 26, 2013, the U.S. Court of Appeals for the District of Columbia Circuit granted a petition by several industry groups, including the American Forest & Paper Association and the National Alliance of Forest Owners, for an extension to file an appeal to the court's recent decision to vacate the U.S. Environmental Protection Agency's (EPA) rule temporarily exempting biogenic sources of greenhouse gas (GHG) emissions from new GHG permitting requirements. For more information on...

U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson signed on November 30, 2012, a supplemental rule associated with the Renewable Fuel Standard (RFS) Program. The final rule contains a lifecycle greenhouse gas (GHG) analysis for grain sorghum ethanol and a regulatory determination that grain sorghum ethanol qualifies as a renewable fuel under the RFS Program. According to the rule, EPA’s analysis indicates that ethanol made from grain sorghum at dry mill facilities that...