EPA, due to significant changes, re-proposed confidentiality determinations for the data elements in the electronics manufacturing source category of the Mandatory Reporting of Greenhouse Gases Rule; the Agency also proposed amendments regarding the calculation and reporting of emissions from facilities that use best available monitoring methods.
EPA made technical revisions to the electronics manufacturing source category of the Greenhouse Gas Reporting Rule related to fluorinated heat transfer fluids.
EPA amended specific provisions in the Mandatory Reporting of Greenhouse Gases Rule and extended the 2012 reporting deadline by six months.
EPA entered into a proposed settlement agreement in American Forest & Paper Ass'n, Inc. v. EPA, No. 10-1284 (D.C. Cir.), that requires the Agency to interpret its Mandatory Reporting of Greenhouse Gases rule as it applies to the petitioner as originally proposed.
Perhaps Congress should throw up its hands and move on to something more manageable than global climate change. Richard Lazarus asserts that the challenges of enacting effective national strategies for mitigating and adapting to changes in the Earth's climate are not just "wicked," but "super wicked," meaning they defy resolution.
Editor's Summary: In 2003, the U.S. Supreme Court issued its most recent pronouncement on the executive foreign affairs preemption doctrine in American Insurance Ass'n v. Garamendi. In this Article, Kimberly Breedon argues that lower courts are prone to overbroad applications of Garamendi because the Court assumed the presence of three elements when it developed the standard for executive foreign affairs preemption of state law: (1) formal source law; (2) nexus to a foreign entity; and (3) indication of intent by the executive to preempt the state law under challenge.
EPA amended the calculation and monitoring provisions in the electronics manufacturing portion of the Greenhouse Gas Reporting Rule for the largest semiconductor facilities.
EPA finalized amendments to the best available monitoring methods used for the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule.
SIP Proposal: New Hampshire (GHG thresholds for PSD program).
SIP Proposal: Indiana (greenhouse gas (GHG) thresholds for PSD program).