Mike Nasi

Mike Nasi

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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

7/21/2016 - Air Pollution Clean Air Act Energy Sector EPA Federal Implementation Plans (FIP) Federal v State Law Application Jurisdiction Likelihood of Success Power Grid State Implementation Plans (SIPs) Venue

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

6/3/2016 - Aggregation Rules Clean Air Act Clean Power Plan Climate Action Plan EPA Greenhouse Gas Emissions New Source Performance Standards (NSPS) Oil & Gas Permits

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

2/10/2016 - Clean Power Plan EPA Greenhouse Gas Emissions Order to Stay Power Plants Presidential Elections SCOTUS

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

10/27/2015 - Carbon Emissions Clean Power Plan Coal Coal-Fired Plants Environmental Litigation EPA Power Grid Power Plants State Agencies

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

10/9/2015 - Air Pollution Clean Air Act Compliance Cross-State Air Pollution Environmental Policies EPA NAAQS Ozone Regulatory Standards

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

8/25/2015 - Aggregation Rules Climate Action Plan EPA Greenhouse Gas Emissions Methane Natural Gas Notice and Comment Oil & Gas Volatile Organic Compounds (VOC)

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

6/26/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions Power Plants SCOTUS Utility Air Regulatory Group v EPA

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

6/4/2014 - Barack Obama Carbon Emissions Clean Air Act Climate Action Plan Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Power Plants Renewable Energy

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

3/7/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions

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

2/10/2014 - Carbon Emissions Clean Air Act Environmental Policies EPA Greenhouse Gas Emissions

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

1/8/2014 - Clean Air Act Department of Transportation (DOT) EPA Greenhouse Gas Emissions Hazardous Substances RCRA Underground Injection Wells Waste

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

10/17/2013 - Carbon Emissions Clean Air Act EPA Greenhouse Gas Emissions SCOTUS

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

9/23/2013 - Clean Air Act EPA Greenhouse Gas Emissions New Source Performance Standards (NSPS) Power Plants

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

5/2/2013 - Effluent Limitations EPA Power Plants Proposed Regulation

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