Administrative Agency Energy & Utilities Environmental

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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

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2015

EPA Seeks Comment On Series 810 Test Guidelines: On June 17, 2015, the U.S. Environmental Protection Agency (EPA) announced the availability for comment of several Series 810, non-binding, draft test guidelines developed by...more

Too Little, Too Late: Judge Denies Environmental Groups’ Motion to Intervene in Chris Christie’s Exxon Mobil Settlement

A New Jersey state judge ruled on Monday that eight environmental groups and a New Jersey state senator cannot intervene to challenge the $225 million settlement with Exxon Mobil proposed by the New Jersey Department of...more

Third Circuit Upholds Chesapeake Bay TMDL

On July 6, the Third U.S. Circuit Court of Appeals issued its ruling in the case of American Farm Bureau Federation v. EPA (No. 13-4079). The ruling, which affirmed an earlier district decision upholding the U.S....more

SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Back to the Drawing Board: Supreme Court Sets Aside EPA Regulations On Mercury Emissions from Power Plants

The Supreme Court on Monday dealt a setback to the Environmental Protection Agency’s regulation limiting mercury and other toxic emissions from power plants – the “mercury rule.” In Michigan v. Environmental Protection...more

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

Supreme Court Strikes Down EPA’s Mercury and Air Toxics Standard

Delivering a sharp blow to President Obama’s efforts to regulate coal plants, the U.S. Supreme Court invalidated the Environmental Protection Agency’s (EPA’s) 2012 Mercury and Air Toxics Standards (MATS) rule, finding that...more

Supreme Court Halts Implementation of EPA Rule on Mercury Emissions from Electric Power Plants: The Practical Effects Are...

On Monday, the U.S. Supreme Court halted further implementation of a U.S. EPA’s regulation limiting mercury and other hazardous air toxic emissions from coal- and oil-fired electric power plants. In a 5-4 decision, the...more

Supreme Court Decision Could Limit EPA's Authority Over Greenhouse Gas Emissions

On June 29, 2015, the U.S. Supreme Court delivered another warning to the Environmental Protection Agency (EPA) against overstepping its statutory authority under the Clean Air Act. In Michigan v. Environmental Protection...more

The U.S. Supreme Court Invalidates EPA's Power Plant Mercury Emissions Regulation

On June 29, 2015, the U.S. Supreme Court in Michigan v. Environmental Protection Agency invalidated the U.S. Environmental Protection Agency's Mercury and Toxic Air Standards (MATS) regulation by a 5 to 4 vote, finding that...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

Supreme Court rules on EPA power plant regulations

The Supreme Court of the United States has ruled that the U.S. Environmental Protection Agency acted unreasonably in developing new regulations on hazardous air emissions from power plants without considering the cost impact...more

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?

The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS Rule. ...more

Considerable Costs—Supreme Court Requires EPA to Consider Cost Impacts of Power Plant Toxic Emissions Rules

A closely divided Supreme Court has determined that EPA must consider cost when regulating emissions of hazardous air pollutants from stationary sources. Under the Clean Air Act, EPA has authority to regulate toxic emissions...more

Supreme Court Rejects EPA Rulemaking Process for Power Plant Emissions Standards

The US Supreme Court held yesterday that the US Environmental Protection Agency (EPA) unreasonably failed to consider costs when it made the initial decision to regulate emissions of hazardous air pollutants from power...more

Air Quality Law Alert: U.S. Supreme Court Blocks EPA Coal Plant Air Toxics Standards

Earlier today the US Supreme Court issued a 5 to 4 decision in Michigan v. EPA that struck down the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standard (MATS) rule. The MATS rule imposes stringent...more

US Supreme Court Nixes EPA Regulations on Mercury Emissions – Must Consider Costs Early!

In Michigan v. EPA, the U. S. Supreme Court invalidated EPA’s rules limiting emissions of mercury and other pollutants from power plants, ruling that EPA inappropriately ignored the costs of regulation – particularly...more

Supreme Court Overturns EPA Limits on Power Plants

On June 29, the United States Supreme Court nixed the United States Environmental Protection Agency’s 2012 Mercury and Air Toxics Standard, limiting emissions of mercury and other pollutants from power plants. The challengers...more

Supreme Court Update: Michigan V. EPA (14-47) And Arizona State Legislature V. Arizona Independent Redistricting Comm'n (13-1314)

The last day of school is always anticlimactic, with finals done and yearbooks already signed. That may have described the atmosphere on First Street yesterday, but make no mistake: The Court ended October Term 2014 term with...more

Supreme Court Decides Michigan v. Environmental Protection Agency

On June 29, 2015, the United States Supreme Court decided Michigan v. Environmental Protection Agency, No. 14-46, and two other consolidated cases, holding that the Environmental Protection Agency (EPA) acted unreasonably,...more

Supreme Court: EPA Must Consider Cost Of Implementing Regulations

In a 5-4 ruling, the U.S. Supreme Court today ruled that the EPA acted unreasonably when it refused to consider the cost of implementing its Mercury and Air Toxics Standard (MATS). The MATS rule, issued in 2012,...more

Supreme Court Finds EPA Unreasonably Failed to Consider Costs When Regulating Power Plant Emissions

Today the U.S. Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) improperly refused to consider costs when it decided to regulate mercury and other hazardous emissions. The EPA regulated power plant...more

What Comes Next for Mercury Emissions from Power Plants?

The U.S. Supreme Court held this morning that the U.S. Environmental Protection Agency (EPA) acted unreasonably when it determined in 2000, and again in 2012, that it was “appropriate and necessary” to regulate mercury...more

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

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