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EPA Will Not Require Financial Assurances From Electric Power Sector

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility...more

President Trump Takes First Step on Long Road to Roll Back Climate Rules

Recent executive order seeks broad repeal of Obama administration climate policies, including actions directed at the electric power sector. On March 28, 2017, President Donald Trump signed a “Presidential Executive...more

Reducing Ozone Regulation Costs Under the New Administration

New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more

US Environmental Regulations to Face Rollbacks, but Reform likely to be Tempered by Legal Barriers

Since assuming office in January, President Donald Trump – with the support of Congress – has stated his intention to roll back “burdensome” U.S. environmental regulations. The White House and Congress aim to reverse several...more

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

Joel Beauvais and Claudia O’Brien have authored an article entitled “Re-Evaluating the Clean Water Rule: The Long Road Ahead.” President Donald Trump, on February 28, signed an executive order (EO) directing the U.S....more

EPA Targets Oil and Gas Sector with Suite of New Emissions Rules

On May 12, 2016, the US Environmental Protection Agency (EPA) released its final rules aimed at reducing methane emissions from the oil and gas industry, in support of the Obama Administration’s efforts to cut methane...more

EPA Proposes New Methane and VOC Emissions Limits

Proposed new limits, intended to combat global warming, potentially affect numerous oil and gas operations. On September 18, 2015, the United States Environmental Protection Agency (EPA) proposed new limits on emissions...more

EPA Finalizes Historic Greenhouse Gas Emission Reduction Program

Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of...more

Proposed Rule from US Department of the Interior Increases Pressure on Coal Mining Industry

On July 27, 2015, the US Department of the Interior, through its Office of Surface Mining Reclamation and Enforcement (OSMRE), proposed to revise regulations adopted under the Surface Mining Control and Reclamation Act of...more

The Supreme Court Strikes Down the Mercury and Air Toxics Standards

While the Court’s decision marks a symbolic defeat for EPA, it may not significantly alter power plant operators’ compliance efforts. In a much anticipated decision delivered on the last day of the term, the Supreme...more

EPA’s Fiscal Year 2014 Civil Enforcement Results Reveal Agency’s Shifting Focus

Despite a decline in civil environmental enforcement results, EPA remains poised to continue pursuing high stakes enforcement cases in 2015. On December 18, 2014, the US Environmental Protection Agency (EPA) released...more

CARB Invalidates Offsets for Facility's Alleged RCRA Noncompliance

On November 14, 2014, the California Air Resources Board (CARB) released a final determination invalidating almost 89,000 previously-issued offset credits due to CARB’s conclusion that the facility at issue failed to comply...more

EPA Reverses Course on Malfunctions

EPA proposes eliminating all startup, shutdown and malfunction affirmative defense provisions from SIPS. On September 17, 2014, the United States Environmental Protection Agency (EPA) issued a supplemental notice of...more

CARB Proposes Invalidating Offset Credits for Facility's Alleged RCRA Noncompliance

For the first time since California established its cap-and-trade market for greenhouse gas (GHG) emissions, the California Air Resources Board (CARB) has proposed canceling over 230,000 tons of offset credits due to a...more

10/10/2014

EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program

We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more

IRS Proposes Guidance on Real Property Definition for REIT Purposes

Proposed regulations establish analytical framework for determining whether assets qualify as real property for purposes of the REIT rules. On May 14, 2014, the Internal Revenue Service (IRS) published in the Federal...more

The Supreme Court Upholds EPA’s Cross-State Air Pollution Rule

Decision in EME Homer City upholds CSAPR, but additional legal challenges and EPA revisions may still significantly alter CSAPR and delay its implementation. On Tuesday, April 29, the United States Supreme Court...more

Waters of the United States Proposed Rule

The proposed rule to revise the definition of “waters of the United States” under the federal Clean Water Act, which originally was announced on March 25, 2014 by the United States Environmental Protection Agency (EPA) and...more

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees. The public comment period will soon close on May 9, 2014 for the Environmental...more

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