The Continuing Impact of Coal Ash - Energy Law Insights
On April 25, 2024, the Environmental Protection Agency (EPA) released a set of rules aimed at cutting air, water, and land pollution from fossil fuel-fired plants. The rules would require existing coal-fired and new gas-fired...more
Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these...more
The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more
The Tennessee Air Pollution Control Board (“Board”) issued a January 20th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to the Tennessee Valley Authority (“TVA”). See Case No. APC22-0175. ...more
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
Here’s my take on the Affordable Clean Energy Plan. Who cares? On the merits, it does almost nothing. It requires only that states impose heat rate improvement requirements on coal-fired power plants. It’s not going to...more
United States Senator Tom Carper (D-Del.) sent a December 13th letter to the U.S. Environmental Protection Agency (“EPA”) Office of Information and Regulatory Affairs: . . . expressing grave concerns regarding the...more
Revised Definition of "Waters of the United States" - Proposed Rule - "The agencies' proposal is the second step in a two-step process to review and revise the definition of 'waters of the United States' consistent with...more
The federal lawsuit filed by twenty-three states challenging EPA’s Mercury and Air Toxics Standards (MATS) is in the 8th inning, and things are not looking good for the challengers. Some background is appropriate. ...more
Environmental and Policy Focus - Supreme Court rejects new challenge to EPA’s air pollution rule - The Hill - Jun 13 - The Supreme Court on Monday declined to consider a third request from a group of states to...more
On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more
Earlier today the US Supreme Court issued a 5 to 4 decision in Michigan v. EPA that struck down the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standard (MATS) rule. The MATS rule imposes stringent...more
The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more