Clean Power Plan

News & Analysis as of

Environmental Issues and the Presidential Candidates: How Will The Incoming President Affect My Business?

With all the hype surrounding the 2016 presidential candidates (and their Twitter accounts), it seems that environmental issues are getting lost in the noise. The two leading candidates, however, could not be more divided on...more

CARB Releases Final Proposed Amendments to Cap-and-Trade Regulations; Formal Comment Period Commences

The California Air Resources Board’s (CARB) timeline toward amending California’s cap-and-trade regulations progressed with the release of its final proposed amendments and supporting documentation August 2, 2016. Formal...more

CARB Proposed Amendments to Extend the Cap-and-Trade Program Beyond 2020 Overshadow Significant Revisions to the Program Itself

On August 2nd, the California Air Resources Board (CARB) formally released its Proposed Amendments to the California Cap-and-Trade Program. CARB’s proposed amendments are meant to extend the program through 2030 and ensure...more

Renewable Energy Update - August 2016

Renewable Energy Focus - Tesla acquires sister firm SolarCity for $2.6 billion - VentureBeat - Aug 1 - SolarCity Corp agreed to be acquired by sister company Tesla Motors Inc. in a deal worth $200 million...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

EPA's Clean Energy Incentive Program

Expansion of Eligible Low Income Community Projects to Include Solar Projects - The Environmental Protection Agency's Clean Energy Incentive Program (CEIP) allows participants to earn tradeable emissions credits for...more

Worth Another Look: The Clean Power Plan

In January of 2016, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. With little expected on the legislative front...more

California Proposes Draft Amendments to California Cap-and-Trade Program

On July 12, 2014, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes...more

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit Relies on the Dormant Commerce Clause to Reject Minnesota’s GHG...

Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more

Sneak Peek: The Future of California’s Cap and Trade

Few government pronouncements are as highly guarded or anticipated as details of a California Air Resources Board (ARB or Board) Cap and Trade amendment package. It may sound wonky, and Janet Yellen may disagree, but...more

US Circuit Court of Appeals for the DC Circuit delays oral arguments in Clean Power Plan litigation

On May 16, the US Court of Appeals for the District of Columbia Circuit announced that it was delaying scheduled June 2 oral arguments before a three-judge panel in litigation over the Clean Power Plan. Instead, the DC...more

State Air Agency Group Issues Model Clean Power Plan Rule

The National Association for Clean Air Agencies (“NACAA”) has released a model Clean Power Plan (“CPP”) rule as a resource for state air agencies. The model rule highlights possible strategies for incorporating energy...more

News from Second and State

Weekly Wrap: - With the end of the fiscal year looming, it’s been all budget all the time in Harrisburg. The House of Representatives returned on Monday with the intention to continue daily voting sessions until the...more

EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More

Natural Gas-Fired Electricity Generation to Exceed Coal-Fired Generation in 2016: The EIA recently projected that for the first time, on an annual basis, natural gas will exceed coal as a fuel for electric power generation in...more

The Washington State Department of Ecology Reissues Clean Air Rule

On June 1 the Washington State Department of Ecology (“Ecology”) reissued a draft Clean Air Rule (“CAR”). A prior iteration of the rule was filed on January 6, 2016, but was withdrawn by Ecology to address and incorporate...more

News from Second and State

The laws of physics tell us that objects in motion tend to stay in motion, and that rule held true for the Pennsylvania General Assembly this week. Carrying over from the hustle and bustle of last week, we saw plenty of...more

News from Second and State

Weekly Wrap: - While there was a lot of activity in Harrisburg this week, the most toast-worthy event was the final passage of H.B. 1690 (Turzai, R-Allegheny), which would reform and modernize the sale of wine and...more

EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more

Confluence of Emissions Regulations Favor Renewable Energy Investment (Part 2)

In yesterday’s Part 1, we discussed the Environmental Protection Agency’s (EPA) rules regulating emissions from existing and new stationary electricity generating units. In today’s post, we discuss EPA’s regulations regarding...more

Confluence of Emissions Regulations Favor Renewable Energy Investment (Part 1)

GOP Presidential Candidate Donald Trump made several sweeping promises while on the campaign trail vowing to reopen shuttered mines and bring coal back to its dominance of a decade ago. These promises, however, are dated as...more

Congressional Energy Roundup

Fracking Insider Readers: Below, please find this week’s Congressional activity on oil and gas issues: - House: - “Investigating the Culture of Corruption at the Department of the Interior.” Committee on Natural...more

ASCE’s Report Update Highlights Major Infrastructure Investment Funding Gaps

Every four years, the American Society of Civil Engineers (ASCE) publishes The Report Card for America’s Infrastructure, which grades the current state of national infrastructure categories on a scale of A through F. The...more

Energy Insights: An Update from the First Quarter of 2016

Seyfarth Synopsis: In this edition of Seyfarth Shaw’s Energy Insights Newsletter, our Energy and Clean Technologies team covers important developments in Q1 2016 for the energy industry including 1) the fate of the Clean...more

EPA Denies Five Petitions for Reconsideration of New Source Performance Standards

On April 29, the Environmental Protection Agency (EPA) denied petitions by the Utility Air Regulatory Group (UARG), American Electric Power (AEP), Ameren Corp., the State of Wisconsin, and the Energy and Environmental Legal...more

Update on EPA’s Clean Power Plan

Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule. The agency’s...more

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