Robert McKinstry, Jr.

Robert McKinstry, Jr.

Ballard Spahr LLP

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Final Guidance Released on Considering Climate Change in Environmental Reviews

The President's Council on Environmental Quality has issued its finalized guidance on how federal agencies should consider greenhouse gas emissions and the effects of climate change in reviews of federal actions under the...more

8/3/2016 - Climate Change Environmental Policies Environmental Review Greenhouse Gas Emissions Guidance Update NEPA

Amendments Strengthen Toxic Substances Control Act

President Obama's signing of amendments to the Toxic Substances Control Law sealed a welcome effort to overhaul the 40-year-old Toxic Substances Control Act (TSCA). The amendments were spurred on by a rare bipartisan...more

6/22/2016 - Chemicals EPA Legislative Amendments Manufacturers Preemption Risk Management Toxic Substances Control Act (TSCA)

Supreme Court Affirms Invalidation of Maryland's Program to Incentivize New Power Generation

The U.S. Supreme Court, in a narrowly crafted opinion by Justice Ginsburg, has unanimously invalidated Maryland's program to promote construction of new natural gas capacity by guaranteeing new generating capacity. The...more

4/20/2016 - Energy Sector Federal Power Act FERC Hughes v Talen Energy Natural Gas Oil & Gas Preemption SCOTUS Utility Rates Wholesale

U.S. Supreme Court Stays Clean Power Plan

In a rare move, the U.S. Supreme Court stayed the U.S. Environmental Protection Agency's (EPA) Clean Power Plan even before the merits of the rule have been decided by the U.S. Court of Appeals for the District of Columbia...more

2/11/2016 - Carbon Emissions Clean Power Plan Coal Industry Energy Sector EPA Power Plants SCOTUS Stays

The Paris Agreement on Climate Change Charts a Long-Term Plan for International Greenhouse Gas Emission Reductions

On December 12, the United States and other Parties to the United Nations Framework Convention on Climate Change (UNFCCC) signed the historic Paris Agreement at the 21st Conference of the Parties. We expect the Agreement to...more

12/22/2015 - Clean Air Act Climate Change Environmental Policies Paris Agreement UNFCCC

Clean Power Plan Published; Appeals Period Begins

The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more

10/26/2015 - Appeals Carbon Emissions Clean Power Plan Climate Action Plan Climate Change Coal Industry Energy Sector EPA Federal Register Natural Resources Obama Administration Power Plants

EPA Proposes New Rules for Pharmaceutical Hazardous Waste Management and for Other Hazardous Waste Generators

The U.S. Environmental Protection Agency (EPA) has announced two new proposed hazardous waste rules that EPA believes would clarify and simplify requirements for health care facilities and retail pharmacies to manage their...more

9/9/2015 - Compliance EPA Federal Register Generic Drugs Hazardous Waste Health Care Providers Healthcare Healthcare Facilities Hospitals Pain Management Clinics Pharmaceutical Industry Pharmaceutical Reverse Distributors Pharmacies Prescription Drugs

President Obama, EPA Announce Final Clean Power Plan to Regulate Power Plant Emissions Connected to Climate Change

President Obama and the U.S. Environmental Protection Agency (EPA) today announced the issuance of the long-anticipated Federal Clean Power Plan, which regulates emission to the atmosphere of carbon dioxide (CO2) from...more

8/4/2015 - Carbon Emissions Clean Air Act Clean Power Plan Climate Change Energy Sector EPA Greenhouse Gas Emissions Natural Gas Obama Administration Power Plants

Supreme Court: EPA Must Consider Costs in Power Plant Rule

The U.S. Supreme Court issued its opinion in Michigan v. EPA, reversing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit and holding that the U.S. Environmental Protection Agency (EPA) must consider...more

6/30/2015 - Chevron Deference Clean Air Act Electricity Energy Sector EPA Hazardous Substances Michigan v. EPA Power Plants SCOTUS Toxic Chemicals

Ballard Spahr Lawyers Turn Back Robinson Township Challenge to Waste-to-Energy Facility

Although some have suggested that Robinson Township, et al. v. Commonwealth, a 2013 Pennsylvania Supreme Court ruling that struck down key provisions of a state law regulating the oil and gas industry, could impair...more

10/16/2014 - Energy Projects Oil & Gas Renewable Energy State and Local Government

Supreme Court Upholds EPA Interstate Pollution Rule

In a significant victory for the U.S. Environmental Protection Agency and supporting parties, the U.S. Supreme Court reversed and remanded an appellate ruling that had invalidated EPA’s Clean Air Act regulation of certain air...more

5/1/2014 - Clean Air Act Cross-State Air Pollution EPA Power Plants SCOTUS SIP

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