News & Analysis as of

Coal Ash

Coal Ash Backfill: Congress Authorizes EPA to Approve State Coal Combustion Residue Programs

by K&L Gates LLP on

As mentioned in our Alert of “A WIIN for Water Infrastructure” on the recently signed Water Infrastructure Improvements for the Nation (“WIIN”) Act, Congress included provisions intended to provide national consistency and...more

From ESA to Keystone to EPA, Changes Coming Fast

by Foley & Lardner LLP on

Few things are certain leading up to Donald Trump’s presidency. But there is no question that environmental and energy policy will take center stage in the days – perhaps hours – following his inauguration....more

Federal Electricity Policy Under the Trump Administration

by Holland & Knight LLP on

The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming...more

CCR Rule Requires Public Disclosure of Certain Compliance Documents by November 16, 2016

As part of the U.S. Environmental Protection Agency’s (EPA) recently implemented coal ash disposal regulations, utilities and other power producers were required to publicly disclose certain documents by November 16, 2016...more

Wait, How Many Trucks? Ash Pond Closure by Removal

by Balch & Bingham LLP on

Utilities around the country have developed preliminary closure plans for surface impoundments storing coal ash, gypsum, and other coal combustion residuals (CCR). Some ash ponds are already in the process of closing. To...more

EPA's Coal Ash Rule Continues to Draw Criticism - From Both Sides

by Burr & Forman on

The EPA’s publication of a coal ash rule on April 17, 2015, did little to resolve the debate about the proper management of the material. Members of Congress have continued to push for legislation which would change...more

NC Legislative Update - August 2016

by Nexsen Pruet, PLLC on

The 2016 Session - Lawmakers kept their promise of a truly short session this year. The legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. In total, the House was in session for...more

What Businesses Should Know About the 2016 North Carolina Legislative Session

by Brooks Pierce on

The North Carolina General Assembly has completed its 2016 "short" session. A number of bills considered by Legislators will impact businesses of all types. Here are some highlights from this year's session....more

NC Legislative Update - July 2016

by Nexsen Pruet, PLLC on

Last Week - Following a fast paced week, the legislature adjourned the 2015-16 Session sine die on Friday, July 1st, just before midnight. After convening on April 25th, lawmakers completed the short session in just 68...more

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

by McCarter & English, LLP on

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for...more

Legislative Update

by Brooks Pierce on

With negotiations on the budget bill (H1030) continuing outside the public view, this week the General Assembly focused on other issues. Body Cameras (H972) - The House Judiciary II Committee approved a plan to...more

NC Legislative Update - June 2016 #2

by Nexsen Pruet, PLLC on

This Week - The North Carolina political community was saddened to learn Wednesday, that former Rep. Ruth Samuelson (R-Mecklenburg), who chose not to seek reelection in 2014, has been diagnosed with stage 4 ovarian...more

North Carolina Legislative Newsletter

by Moore & Van Allen PLLC on

Budget - On Wednesday, June 8, the House voted not to concur with the Senate budget, as expected. Both chambers appointed conferees (44 House members and 21 Senate members) to begin resolving differences and work out a...more

Legislative Update

by Brooks Pierce on

Senate Passes Budget Bill (HB1030) - The State Senate passed its version of the 2016-17 spending plan this week, setting the stage for a conference committee to work out the differences between the two chambers’...more

NC Legislative Update - June 2016

by Nexsen Pruet, PLLC on

This Week - While the Senate was predominantly focused on the budget this week, the House moved forward with a number of high-profile issues. By a vote of 60-49, the House approved House Bill 1080, sponsored by Rep....more

NC Legislative Update - May 2016 #4

by Nexsen Pruet, PLLC on

This Week - Lawmakers have left Raleigh to enjoy a long weekend, planning to return Tuesday following Memorial Day. The House held a no vote session on Thursday, but the Senate continued to work, unveiling proposals for...more

Environmental and Industry Groups Challenge EPA Coal Ash Rule

by Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

Environmental Notes - May 2016

by Williams Mullen on

The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

SC Public Policy Update - February 2016 #3

by Nexsen Pruet, PLLC on

What's New - SENATE - Extended debate on the South Carolina Infrastructure Finance Reform and Tax Relief Act (H. 3579) began this week in the Senate, but members once again found themselves in a state of gridlock on...more

EPA Updates Effluent Limitations Guidelines and Standards For Steam Electric Generating Facilities – It’s Only Been 33 Years

On September 30, EPA released its long-awaited (long-feared?) final rule governing wastewater discharges from steam electric generating facilities. The trade press is presenting the rule as a victory for environmentalists...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - September 2015

by Mintz Levin on

A Note from the Editors - Our September edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - July 2015

by Mintz Levin on

A Note from the Editors - Our July edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

Court Of Chancery Grants Stay Of Derivative Case

by Morris James LLP on

A stay of derivative litigation is hard to get even when there is another case pending elsewhere. But when, as here, the other litigation may expose the company to significant liability, a stay of the derivative action...more

Settlement Proceeds: When Does Cash Become Quasi Real Estate?

by Pepper Hamilton LLP on

Farmer v. Citizens Nat’l Bank of Athens (In re Davis), 528 B.R. 757 (Bankr. E.D. Tenn. 2015) – A chapter 7 trustee sought a court determination that the trustee had a superior claim to settlement proceeds arising from...more

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

by Bergeson & Campbell, P.C. on

EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more

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