Clean Power Plan

News & Analysis as of

Energy Bill the Focus of Congressional Debate

Congress has spent a significant chunk of the new year focused on a bipartisan energy bill, which, if passed, would be the first broad bipartisan energy package in nearly ten years. The Energy Policy Modernization Act of 2015...more

California Environmental Law & Policy Update - January 2016 #4

Environmental and Policy Focus - States ask Supreme Court to block Obama carbon emissions plan - Reuters - Jan 26 - A group of states led by West Virginia and Texas asked the U.S. Supreme Court to stay...more

RGGI states comment on Clean Power Plan

The nine Northeastern and Mid-Atlantic states participating in the Regional Greenhouse Gas Initiative (RGGI) have submitted joint comments to the United States Environmental Protection Agency in connection with its Clean...more

NERC suggests Clean Power Plan reliability considerations

The electric reliability organization for North America has issued an assessment of reliability considerations it thinks state electricity and environmental regulators should take into account in crafting state plans to...more

U.S. EPA Earns Early Victory in Opponents' Challenge to Clean Power Plan

On January 21, the United States Environmental Protection Agency (U.S. EPA) won an initial victory as the D.C. Circuit refused to grant opponents a stay of the Clean Power Plan (CPP or Rule). The Rule, promulgated...more

Clean Power Plan Litigation Update–Court Denies Stay, but Sets Expedited Schedule for Decision

On January 21, 2016, the U.S. Court of Appeals for the District of Columbia Circuit denied numerous requests to delay implementation of the Environmental Protection Agency’s (EPA) Clean Power Plan. While declining to put a...more

Unlike Keith Richards, I Have Not Fallen Out Of A Tree

Last month, I went out on a limb and predicted that the D.C. Circuit Court of Appeals would not stay the CPP. Today, the Court vindicated my faith in judicial rationality and refused to grant a stay. In a brief order, the...more

Washington State Department of Ecology Proposes GHG Limits in “Clean Air Rule”

The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...more

Colorado Legislative Session Opens With A Variety of Energy-Related Bills

The Second Regular Session of the Seventieth General Assembly of the State of Colorado convened on January 13, 2016. In a session expected to focus on controversial issues related to taxes, education, infrastructure, and...more

FERC staff guidance for Clean Power Plan modeling

Staff of the U.S. Federal Energy Regulatory Commission have issued a white paper presenting guidance principles for modeling state plans to comply with the U.S. Environmental Protection Agency's Clean Power Plan carbon...more

President Obama Unveils 2016 Energy and Environment Agenda

Last month, the White House released its fall Unified Agenda, which provides a look at the various regulations being developed by each agency and where each is in the rulemaking process. In the energy and environment space,...more

The Paris Agreement: The Impact on the United States and the EU

This client alert describes the impact on the United States and the EU of the Paris Agreement (“Agreement”), which was the outcome of the 21st session of the Conference of the Parties (“COP 21”) under the United Nations...more

Some Things Upcoming in 2016

As the New Year begins, a number of issues will compete for attention from Congress and the courts, and we may even get some final determinations about matters that have been long simmering. Much of the substantive work of...more

The Biggest Energy and Environmental Issues: Highlights from 2015 and What to Expect in 2016

As 2015 winds down, here are the big accomplishments in the energy and environment space this year and what to expect in 2016. In several areas, energy and environmental policy issues advanced significantly this year—more...more

EPA Seeks Comments from Tribes on the Clean Power Plan Proposed Federal Implementation Plan and Model Rules for Emissions Trading

On October 23, 2015, the EPA published its Proposed Federal Implementation Plan (FIP), which includes Model Rules for Emission Trading under the Clean Power Plan. With the formal publication, the EPA opened a 90 day comment...more

Paris Agreement on Climate Change Boosts Clean Energy Innovation and Finance

On December 12, 2015, 195 countries came together in Paris to adopt a landmark climate change deal. The Paris Agreement creates, for the first time, a long-term global framework that commits nearly every country to reducing...more

Energy & Environment Update - December 2015

Energy and Climate Debate - Congressional negotiations continue on the omnibus appropriations and tax extenders package, though after an arduous process, an end is in site. In the meantime, the 21st Conference of Parties...more

2016 Regulatory Forecast: Environmental & Energy Policy

Looking ahead to 2016, federal environmental and energy policies will continue to have a significant impact on businesses across many sectors. That impact will be particularly pronounced as the current Administration...more

Spending and Tax Deal Brings ITC and PTC Extensions

On December 16, 2015, Congressional leaders reached agreement on a year-end spending and massive tax deal that would prevent a government shutdown and extend a series of tax breaks that benefit businesses and individuals. The...more

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

EPA Issues Final Rule Adding 1-Bromopropane To EPCRA Section 313 List: On November 23, 2015, the U.S. Environmental Protection Agency (EPA) issued a final rule adding 1-bromopropane to the list of toxic chemicals subject to...more

Bracing For a Regulatory Race to the Finish

Over the last several months, much critical attention has focused on two environmental efforts: (1) EPA’s recently issued Clean Power Plan, which seeks reductions of greenhouse gas (GHG) emissions from existing power plants,...more

20MW Project Planned for Ludlow, Cavendish, VT

On behalf of Coolidge Solar I, LLC, renewable energy Attorney Kimberly Hayden submitted a petition for a Certificate of Public Good to the Vermont Public Service Board to construct a solar photovoltaic generating facility of...more

I’ll Go Out On A Limb; The CPP Will Not Be Stayed

I finally caught up with the brief filed by the government last week, opposing the motion to stay the EPA Clean Power Plan rule, pending full judicial review. I just don’t see the stay being granted (of course, I did not see...more

Does Colorado Support the Clean Power Plan? Yes. And No.

I have never understood why 43 states – including the great Commonwealth of Massachusetts – have independent elected attorneys general. I’m sure my new colleague, former Massachusetts Attorney General Martha Coakley, would...more

Three Ways the Clean Power Plan Won’t Be Overturned...And Why They Still Matter

Over the last seven years, the President and Congress have waged a number of battles over key pieces of legislation. In some cases, Congress has attempted to roll back or overturn policies and laws through votes in the House...more

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