The Continuing Impact of Coal Ash - Energy Law Insights
Litigating During COVID: What You Need to Know
Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and...more
Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more
U.S. Shale Producers Race for Federal Permits Ahead of Presidential Election - "Federal permitting in the largest U.S. oilfield in the Permian Basin, located in Texas and New Mexico, is up 80 percent in about the last three...more
A coalition of more than 25 states, including Minnesota as of last week, and various cities have petitioned the U.S. Court of Appeals for the District of Columbia for review of the Trump administration’s promulgation of the...more
On June 19, 2019, the U.S. Environmental Protection Agency (EPA) issued the final “Affordable Clean Energy” (“ACE”) rule to replace the Obama-era Clean Power Plan (“CPP”), which was suspended by the U.S. Supreme Court after...more
On June 19, 2019, the Environmental Protection Agency (EPA) released a final rule repealing the Obama-era “Clean Power Plan” (CPP) and replacing it with the “Affordable Clean Energy” (ACE) Rule. While both rules regulate...more
The EPA released the final Affordable Clean Energy (ACE) rule fulfilling the President’s promise to repeal the Obama EPA’s Clean Power Plan (CPP). In addition to repealing the CPP, the ACE rule replaces the CPP....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
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more
The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more
On June 29, the U.S. Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider a lawsuit filed by Murray...more
Yesterday the White House released its highly anticipated Energy Independence Executive Order (EO). The EO signals the White House’s fulfillment of a campaign promise—to roll back the various elements of the Climate Action...more
On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more
Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more
On March 14, 2016, The Environmental Protection Agency (EPA) published proposed revisionsto the Risk Management Program (RMP) (also known as Accidental Release Prevention) rule at 40 CFR Part 68, under Section 112(r) of the...more
A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...more
While the Court’s decision marks a symbolic defeat for EPA, it may not significantly alter power plant operators’ compliance efforts. In a much anticipated decision delivered on the last day of the term, the Supreme...more
The Supreme Court heard oral arguments yesterday on whether the Environmental Protection Agency (EPA) unreasonably decided not to consider the cost of regulation when the EPA determined it was “appropriate and necessary” to...more
Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more
Expectations are running high among some that the incoming Republican majority in both Houses of Congress will act to change or eliminate various environmental regulations and statutory provisions that they claim harm the...more