As Michael Cooke noted in his post the following day, on June 3 EPA proposed its “Clean Power Plan” that EPA estimates would, if adopted and implemented, cut greenhouse gas emissions from existing electricity generating units by 30% from 2005 levels.  79 Fed. Reg. 34,829 (June 18, 2014).  A few weeks later, as Mike again noted, the Supreme Court decided that EPA could impose technology-based GHG emission controls on new or modified emission sources, provided that the trigger for new source review came from new emissions of some other pollutant.  Utility Air Regulatory Group v. United States Environmental Protection Agency, 82 U.S.L.W. 4535 (U.S. June 23, 2014).

The uncertainty and upheaval in greenhouse gas regulation has caused some to focus on the opportunities to advocate for more favorable rulemaking or to litigate the regulators’ authority to impose obligations at all.  However, if you think about it, any pervasive GHG regulation has to create winners and losers.  Some businesses are going to be able to capitalize on these changes.  Lawyers should not forget the unglamorous and apolitical role of advising clients on how to do as well as possible under the new rules.  That is the subject of my column this month in Pennsylvania Law Weekly.  Read Carbon Emissions, the Supreme Court, and Business Opportunity, 37 Pa. L. Weekly 650 (July 15, 2014), by clicking here.

*The opinions expressed in this column are those of the author and do not necessarily reflect the views of Greenberg Traurig or its clients.

Photo of David Mandelbaum David Mandelbaum

David G. Mandelbaum represents clients facing problems under the environmental laws and serves as Co-Chair of the firm’s Environmental Practice. He regularly represents clients in lawsuits and has also helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. David teaches Superfund…

David G. Mandelbaum represents clients facing problems under the environmental laws and serves as Co-Chair of the firm’s Environmental Practice. He regularly represents clients in lawsuits and has also helped clients achieve satisfactory outcomes through regulatory negotiation or private transactions. David teaches Superfund, and Oil and Gas Law in rotation at the Temple Law School. He teaches the Superfund course at Suffolk (Boston) Law School as well. David is a Fellow of the American College of Environmental Lawyers.

Concentrations

  • Air, water and waste regulation
  • Superfund and contamination
  • Climate change
  • Oil and gas development
  • Water rights