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Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in...more

A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more

United States Supreme Court Grants Stay of EPA's 111(d) Clean Power Plan Rule

On February 9, 2016, the United States Supreme Court granted a stay of EPA's 111(d) Clean Power Plan rule imposing emissions limits on existing power plants. This stay effectively blocks the implementation of this highly...more

EPA Officially Commences Unprecedented Regulation of Power Plants, Threatening Grid Reliability - Litigation Ensues

On October 23, 2015, the Environmental Protection Agency (EPA) published in the Federal Register its new rules to limit emissions from power plants. The most significant rule limits CO2 emissions from existing power plants....more

EPA Finalizes Tougher Ozone Standards

On October 1, 2015, the U.S. Environmental Protection Agency (EPA) released its final rule lowering the ozone National Ambient Air Quality Standards (NAAQS) from 75 parts per billion (ppb) to 70 ppb nationwide (2015 Ozone...more

While New Methane Rules Get Most of the Attention, EPA Also Proposes New Site Aggregation Policies for the Oil and Gas Sector and...

On August 18, 2015, the U.S. Environmental Protection Agency ("EPA") released and asked for comments on a number of proposed rules affecting the oil and gas industry. While the methane emission regulations have received the...more

Supreme Court Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With...

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")...more

EPA Proposes First Nationwide Regulation of Greenhouse Gas Emissions from Existing U.S. Power Plants

Yesterday, the U.S. Environmental Protection Agency (EPA) released its rule proposal to regulate the emission of carbon dioxide (CO2) from the entire existing U.S. fleet of coal, natural gas, and other fossil–fueled power...more

Top Courts at Work on EPA Rules: U.S. Supreme Court Resurrects the Cross-State Air Pollution Rule and the D.C. Circuit Upholds...

Electric utilities anticipate a summer of new EPA rules targeting the industry, including a proposed New Source Performance Standard (NSPS) greenhouse gas (GHG) rule for existing power plants, the finalization of the NSPS GHG...more

5/7/2014

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection...more

EPA Proposes Approval of TCEQ's Greenhouse Gas Permitting Program

On February 5, 2014, several news outlets reported that the U.S. Environmental Protection Agency ("EPA") handed over permitting authority for greenhouse gases ("GHGs") to the Texas Commission on Environmental Quality...more

EPA Conditionally Excludes CO2 Geologic Sequestration from RCRA Regulation

On December 19, 2013, the Environmental Protection Agency (EPA) issued a final rule revising the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), to conditionally exclude carbon dioxide...more

U.S. Supreme Court Grants Narrow Review of EPA's Greenhouse Gas Regulatory Regime But Refuses to Review EPA's Endangerment Finding

On Oct. 15, 2013, the U.S. Supreme Court granted six petitions for review challenging the D.C. Circuit Court of Appeals' decision affirming the U.S. Environmental Protection Agency's ("EPA") suite of greenhouse gas ("GHG")...more

Take 2: EPA Re-Proposes Its Regulation of Greenhouse Gas Emissions from New Power Plants

On September 20, 2013, the U.S. Environmental Protection Agency (EPA) re-proposed its regulations to limit greenhouse gases (GHGs) emitted from newly constructed power plants, known as the GHG New Source Performance Standards...more

EPA Proposes New Effluent Limitations for Power Plants

On April 19, 2013, the U.S. Environmental Protection Agency (EPA) released its proposed rule establishing Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category. Although...more

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