News & Analysis as of

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Troutman Pepper

Air and Climate Report: January 2024

Troutman Pepper on

PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more

Foley Hoag LLP - Environmental Law

Stop the Presses! EPA Still Thinks that the MATS Rule Is a Good Idea

Last week, EPA issued its “Supplemental Finding”, confirming that it still believes that its Mercury and Air Toxics Standards are “appropriate and necessary.” I don’t have much to add to our post at the time of the proposed...more

Faegre Drinker Biddle & Reath LLP

Clean Power Plan Finalized by Obama Administration and EPA — What's Next?

On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) released a new set of final regulations aimed at reducing carbon output from power plants. The sweeping new Clean Power Plan (CPP) sets limits...more

Cadwalader, Wickersham & Taft LLP

Supreme Court Rejects EPA Mercury Emissions Rule

On June 29, 2015, the Supreme Court cast serious doubt upon the future of the Mercury and Air Toxics Standards (“MATS”) by finding that the Environmental Protection Agency (“EPA”) failed to adequately consider the costs of...more

Pillsbury Winthrop Shaw Pittman LLP

The U.S. Supreme Court Holds EPA Must Consider Costs in Deciding to Regulate Power Plants

The U.S. Supreme Court’s June 29th decision in Michigan v. EPA, taken together with another significant CAA opinion from last term, Utility Air Regulatory Group v. EPA, demonstrates the Court’s proclivity for subjecting...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

Burr & Forman

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

Burr & Forman on

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

Saul Ewing LLP

Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

Saul Ewing LLP on

The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for...more

Faegre Drinker Biddle & Reath LLP

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

Stinson LLP

Supreme Court Rejects EPA's Rule Regulating Hazardous Air Polluntants from Power Plants

Stinson LLP on

On June 29, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) was wrong not to consider the cost of compliance when it decided to regulate mercury and other air toxic substances emitted from power...more

Nossaman LLP

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

Nossaman LLP on

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

Latham & Watkins LLP

The Supreme Court Strikes Down the Mercury and Air Toxics Standards

Latham & Watkins LLP on

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

WilmerHale

Supreme Court Rejects EPA Rulemaking Process for Power Plant Emissions Standards

WilmerHale on

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

Faegre Drinker Biddle & Reath LLP

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

Eversheds Sutherland (US) LLP

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

Foley Hoag LLP - Environmental Law

Can the Majority and the Dissent Both Be Wrong? The Supreme Court Remands the MATS Rule

The short answer is, yes, though the majority is more wrong. In fact, the issue in Michigan v. EPA seems so simple that the MATS rule could have been affirmed in a two-page opinion. Judge Scalia notes that the word...more

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