Clean Power Plan

News & Analysis as of

The Clean Power Plan: State Implementation Plans Building Block 2 – The Re-dispatch Option

On June 2, 2014, the U.S. Environmental Protection Agency (“EPA”) announced proposed regulations (the “Clean Power Plan” Notice of Proposed Rulemaking (“NOPR”)) to limit greenhouse gas (“GHG”) emissions from existing...more

Only When a Permit is Required: The Supreme Court Caps the EPA’s Authority to Regulate Greenhouse Gas Emissions from Stationary...

Utility Air Regulatory Group v. EPA et al. 573 U.S. ____ (2014) - On June 23, 2014, the United States Supreme Court held that the Environmental Protection Agency (EPA) overstepped its authority under the Clean Air Act...more

Monthly Update for July 2014

Limited Space Still Available For Sustainable Futures Training Workshop: There are still spaces available for the Sustainable Futures Training workshop scheduled for August 5-7, 2014, at the George Washington University...more

Renewable Energy Update -- July 2014

Renewable Energy Focus - Supreme Court upholds EPA's power to regulate greenhouse gas: Allen Matkins - Jun 24: On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v....more

EPA Issues Proposed Rule to Significantly Reduce Carbon Dioxide Emissions

Summer has kicked off with a regulatory push by the United States Environmental Protection Agency (EPA). This alert briefly addresses two recent EPA rulemakings....more

U.S. Supreme Court Restricts EPA Regulation of Greenhouse Gas Emissions

On June 23, 2014, the U.S. Supreme Court issued its widely anticipated decision in Utility Air Regulatory Group v. EPA concerning the U.S. Environmental Protection Agency's regulation of greenhouse gas emissions (GHGs) from...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

EPA Proposes The Clean Power Plan To Reduce Carbon Emissions

On June 2, 2014, the United States Environmental Protection Agency (EPA) issued the Clean Power Plan – a proposed rule passed under the authority of the Clean Air Act (CAA) section 111(d) – which will significantly affect...more

State Impacts of the Environmental Protection Agency's Clean Power Plan Rule

Earlier this month, the Environmental Protection Agency ("EPA") proposed the new Clean Power Plan Rule, which has been touted as President Obama's most significant environmental proposal to date. The main goal of the Clean...more

Climate Change Mitigation: The New Energy Policy

The Administration's Clean Power Plan (the "Plan"), released on June 2 and published on June 18, confirms that climate change mitigation goals are now a key driver of both environmental and energy policy. By imposing total...more

More Questions than Answers after Official Roll-out of “Clean Power Plan”

As discussed earlier in this blog, on June 2, 2014, the U.S. Environmental Protection Agency released a prepublication copy of its “Clean Power Plan,” or proposed rules regulating greenhouse gas emissions from certain...more

EPA Fixes Due Date for Comments on Its Proposed Regulations of Carbon Emissions from Existing Power Plants

Yesterday, the EPA has published in the Federal Register the official version of its proposed regulations to curb carbon dioxide emissions from existing power plants under Section 111(d) of the Clean Air Act. 79 Fed. Reg....more

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more

More on EPA’s GHG Rule: I Am NOT Going To Set Odds on Whether the Rule Would Survive Judicial Review

Last week, in posting about EPA’s Clean Power Plan, I noted that some potential plaintiffs might face standing obstacles in seeking to challenge the rule, assuming it is promulgated as proposed. Today, I take a (very)...more

Stringency and Flexibility – Two Sides of the Same Coin in EPA’s Proposed Greenhouse Gas Emissions Regulations for Existing Power...

EPA’s ground-breaking proposal to cut carbon dioxide (CO2) emissions from existing power plants has been lauded by some for affording states considerable flexibility, while also being criticized by others for being stringent....more

ML Strategies’ Energy & Environment Update: June 2014

We shared with you last week details of the Environmental Protection Agency’s June 2 proposed CO2 standards for existing power plants, as well as a broad set of initial reactions. Over the next few weeks, we will dive into...more

Energy & Environment Update - June 2014

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce - Department of Energy - Department of...more

EPA carbon rule: how it works

Last week, the U.S. Environmental Protection Agency issued a groundbreaking proposed rule to limit carbon emissions from power plants. EPA's Clean Power Plan would require each state to develop a plan to limit the amount of...more

EPA Announces “Clean Power Plan” to Reduce Carbon Pollution from Power Plants

On June 2, 2014, the United States Environmental Protection Agency announced its proposed Clean Power Plan to reduce carbon dioxide emissions from power plants. According to the EPA, temperatures have been rising since...more

EPA carbon rule: cost and benefit

Monday, the U.S. Environmental Protection Agency proposed a rule aimed at reducing carbon dioxide emissions from power plants. Part of the EPA's "Clean Power Plan", the rule would rely on states developing and implementing...more

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