The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure. The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes … Continue Reading
Squire Patton Boggs’ State Attorneys General Practice Group is comprised of lawyers who have served at senior levels in state AG offices around the country and whose practices focus, to one degree or another, on representing clients before these increasingly assertive and powerful, yet often overlooked, government agencies, as explained in detail here. In these updates, … Continue Reading
Legislative Activity President’s Budget Expected this Week President Trump is expected to release his FY 2018 budget this week, and transportation stakeholders are eager to see whether the full budget includes cuts to transportation programs with bipartisan Congressional support that were included in the President’s “Skinny Budget” released in March. In particular, the Skinny Budget … Continue Reading
Legislative Activity Potential Energy Legislation After the House proposed a narrow version of the energy bill to the Senate, Senate Energy and Natural Resources Chairman Lisa Murkowski (R-AK) proposed a broader bill once again. After a meeting last week with House Natural Resources Chairman Rob Bishop (R-UT), Chairman Murkowski appeared confident she will get a … Continue Reading
Legislative Activity Senate Passes WRDA Bill with Funding for Flint Last week, the Senate passed its version of the Water Resources Development Act (WRDA) (S. 2848) by a vote of 95-3. The $10.6 billion bill would authorize projects to be carried out by the Army Corps of Engineers (USACE) to address navigation, flood protection and … Continue Reading
Executive Branch Activity U.S.-China Joint Announcement on Climate Change President Obama and Chinese President Xi Jinping have announced an unprecedented effort to reduce greenhouse gas (GHG) emissions. The target for the United States is to cut its GHG emissions by 26-28 percent below year-2005 levels by 2025. China is expected to increase its share of … Continue Reading
Regulatory Activity Pesticides and Waters of the United States The Environmental Protection Agency (EPA) is accepting comment on its proposed data collection concerning potential changes to its permits for discharges to waters of the U.S. from biological and chemical pesticides that leave a residue. Comments are due by September 15. Ozone EPA is considering updating … Continue Reading
Regulatory Activity Greenhouse Gas Pursuant to President Obama’s Climate Action Plan, the Environmental Protection Agency (EPA) will soon propose to prohibit certain chemicals contributing to emissions of hydrofluorocarbons (HFCs), a class of greenhouse gases. According to EPA, the “proposed action would change the status of certain high-global warming potential (GWP) HFCs that were previously listed … Continue Reading
Regulatory Activity Greenhouse Gas Data The Environmental Protection Agency (EPA) intends to publish data it has collected from industry and related parties under the Greenhouse Gas Reporting Program. The agency is seeking comment on its plan to publicly release information by aggregating in order to protect the confidentially of entities that provided information. Comments on … Continue Reading
Regulatory Activity Greenhouse Gas Rule The Environmental Protection Agency’s (EPA) anticipated Proposed Rule concerning greenhouse gas (GHG) emissions for existing coal and natural gas fired power plants will be released to the public on Monday, June 2, at 10:30 am. To advance public awareness of the proposed rule, the President devoted his Saturday radio address … Continue Reading
Legislative Activity House Narrowly Passes Two Partisan Rules Bills During “Energy Week” Last week, the House narrowly approved two partisan energy-related bills, H.R. 3826 (the “Electricity Security and Affordability Act”) and H.R. 2641 (the “Responsibly and Professionally Invigorating Development Act of 2013” or RAPID Act), as part of the House Republican Leadership’s thematic “energy week.” … Continue Reading
Legislative Activity House Schedules “Energy Week” for Legislative Debate This week, the House Republican leadership has planned a thematic “energy week” to organize legislative debate on the floor. The House will consider three rules bills and several non-controversial bills under suspension of the rules. The three rules bills include: (1) H.R.3826, the “Electricity Security and … Continue Reading
Regulatory Activity EPA To Propose New GHG Emissions Rule for Oil and Gas Facilities The EPA is proposing revisions to the greenhouse gas reporting rule for oil and gas facilities that will revise calculation methods, monitoring and data reporting requirements, terms and definitions including confidentiality determinations. Affected parties are likely to include: pipeline transportation of … Continue Reading
Executive Activity President’s Task Force To Meet on Climate Change The President’s Task Force on Climate Preparedness and Resilience will meet for the first time on Tuesday, December 10. The Task Force is composed of 26 state, local and tribal officials and is charged with identifying ways to prepare communities for the impact of climate … Continue Reading
Legal Activity Supreme Court Sets Up Limited EPA Greenhouse Gas Challenge On Tuesday, October 15, the Supreme Court granted and consolidated six petitions for certiori to hear a limited appeal of the Environmental Protection Agency’s (EPA) regulation of greenhouse gases from new motor vehicles. The Court’s decision is limited to a single question: “Whether EPA … Continue Reading
Executive Branch Activity EPA To Hold Listenting Sessions on Carbon Emissions From Power Plants The U.S. Environmental Protection Agency (EPA) is planning on holding 11 public listening sessions across the United States to gather public input on reducing carbon pollution from existing power plants. EPA maintains that “power plants are the nation’s largest stationary source … Continue Reading
Legislative Activity Greenhouse Gas Emissions The National Academies of Sciences (NAS) has released its report titled “Effects of U.S. Tax Policy on Greenhouse Gas Emissions.” Congress had charged NAS with conducting a comprehensive review of the Internal Revenue Code to identify the types of and specific tax provisions that have the largest effects on carbon … Continue Reading