Environmental Energy & Utilities Civil Procedure

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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

Oklahoma Holds Question of Whether Fracking Causes Earthquakes is for the Courts to Decide.

The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...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

EPA and Corps Issue Rule Defining “Waters of the U.S”

On June 29, 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published a final rule defining “waters of the United States.” The rule becomes effective on August 28, 2015. Because...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

Declaration Requirement Removed from First Nation Consultation Procedures

On June 10, 2015, the Alberta Energy Regulator (AER) released a revised version of the Joint Operating Procedures for First Nations Consultation on Energy Resource Activities (Procedures) and Bulletin 2015-20. While the...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 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 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

Do Climate Change and Same-Sex Marriage Have Anything in Common?

Recent events have me pondering this question. Most notably, in two court decisions last week, courts ordered the State of Washington and the government of the Netherlands to take more aggressive action against climate...more

More Injunction Arguments In BLM Fracking Rule Litigation Prior To Major Court Hearing Tomorrow

Several more key filings have come into the federal litigation challenging the Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on public lands in advance of the June 23 consolidated preliminary...more

California Appellate Court: CDFW Notification Required for Water Diversions

Any plans to “substantially divert” water from a river or stream requires notification to the state Department of Fish and Wildlife, the California Court of Appeal found. In reversing a lower court’s decision that favored...more

Ninth Circuit Rules Approval of Oil Spill Response Plans is Non-Discretionary

On June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement’s (Bureau) approval of oil spill response plans (OSRPs) relating to oil leases in the Beaufort and...more

Preliminary Injunction Arguments Pour Into Litigation Against BLM’s Final Fracking Rule

Since our last update on federal litigation in Wyoming challenging the Bureau of Land Management’s (BLM) final rule to regulate hydraulic fracturing on public lands, the flurry of activity continues in advance of the June 23...more

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United...more

Environmental Notes - June 2015

In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more

EARL e-News: EPA's Carbon Dioxide Plan Can Proceed - Updates on Environmental, Administrative and Regulatory Law

On June 9th, the U.S. Court of Appeals for the District of Columbia Circuit rejected two petitions seeking to block EPA’s proposed Clean Power Plan to reduce carbon dioxide emissions from existing electric generating plants....more

Alaska Supreme Court Says Exploration is a Transfer of Interest in State Land, Cannot Be Allowed Without Full Public Notice and...

The Alaska Supreme Court’s recent decision in Nunamta Alukestai v. Pebble Limited Partnership, No. 7011 (Alaska filed May 29, 2015) significantly alters the permitting process for projects within the jurisdiction of the...more

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