D.C. Circuit vacates GHG Tailoring Rule deferral for biogenic sources

Vol. 45 No. 3

Roger R. Martella, Jr. is a partner in Sidley Austin’s Washington D.C. office and is the former general counsel of EPA. Joel F. Visser is an associate in Sidley Austin’s Washington D.C. office.

Four years after the U.S. Environmental Protection Agency (EPA) finalized its first-ever suite of greenhouse gas (GHG) regulations under the Clean Air Act, one of the most controversial yet unanticipated issues remains unresolved: Whether and how to account for the carbon dioxide (CO2) emissions from the combustion of renewable biomass (“biogenic emissions”).

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The Law of Adaptation to Climate Change: United States and International Aspects