The next six months likely will present the most significant burst of activity in climate change legislative and regulatory developments in the U.S. to date as Congress and the Environmental Protection Agency charge forward toward a carbon constrained economy. On June 26, the House of Representatives passed the American Clean Energy and Security Act (ACESA). The ACESA’s central provision is a cap on greenhouse gas (GHG) emissions, that will gradually be tightened until 2050, when it will be 83% lower than current emissions levels. The Senate officially kicks off its consideration of climate change legislation on July 7 with the intention of reporting legislation out of the Environment and Public Works Committee in early August.
EPA is heading down a parallel track of inevitable climate change regulation in the next 6-12 months absent quick Congressional intervention. EPA is expected to propose before the end of summer the first mandatory command and control regulation of greenhouse gases. The Agency also is currently considering three other GHG rulemakings related to endangerment, mandatory reporting, and renewable fuels. These rules could take effect as soon as January 1, 2010.
The interactions between Congress and EPA are complex and have the potential to impose both increased burdens and uncertainty on industry in the upcoming six months and beyond. Sidley Austin LLP will host a teleconference to address top issues including:
- Description and timeline of the ACESA legislation passed by the House, and how the Senate intends to proceed with climate change legislation
- What EPA is likely to do prior to enactment of legislation to regulate GHGs under existing Clean Air Act (CAA) authority
- EPA’s strategy for prioritizing regulations among key industries and challenges with CAA regulation
- Relationship between legislative and regulatory actions, including intervening legislation that could trump EPA’s existing CAA authority, and the potential for citizen suits and common law litigation
- How and when various sectors of industry, including energy, transportation, manufacturing and agriculture, will be impacted under both legislation and regulation
Thursday, July 9 • 2:00pm Eastern Time
Please RSVP by July 8 to firstname.lastname@example.org or 202.736.8565. You will receive a dial-in number upon registering.