Coal

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Indian Supreme Court Cancels Mining Concessions

On 24 September 2014, the Indian Supreme Court cancelled 214 out of the 218 existing coal-mining licenses. The only mining licences which were not cancelled were four coal blocks made to Government controlled undertakings...more

Supreme Court of India Cancels 214 Coal Block Allocations

In a judgment delivered on 24 September 2014, the Supreme Court of India cancelled 214 coal block allocations that had been in place since 1993. Out of the 214 cancelled allotments, 42 coal blocks with end-use plants that...more

"Governor McCrory Announces Appointments to Coal Ash Management Commission"

On Tuesday, Governor Pat McCrory's office announced the formation of the Coal Ash Management Commission, including Nexsen Pruet attorney Larry Cobb....more

From Second and State: Capitol Wrap — September 2014

This week the House and Senate returned to Harrisburg for their first session week since summer recess. Only a few voting days loom between now and the November 4 election, which leaves a great deal of speculation regarding...more

Aurora Energy Decision Deems Discharges Prohibited, Leaves Open Question of Permit Shield Applicability

On September 3, 2014, the United States Court of Appeals for the Ninth Circuit issued its opinion in Alaska Community Action on Toxics v. Aurora Energy Services, LLC, holding that the Clean Water Act General Permit for...more

New generation in 2014 mostly gas, solar, wind

Most new power plants placed in service in the first half of 2014 are powered by natural gas, with new solar and wind capacity coming in second and third, respectively, according to the U.S. Energy Information Administration....more

Energy & Environment Update - September 2014 #2

In This Issue: - Energy and Environmental Debate - Congress - Administration - Department of Energy - Environmental Protection Agency - Federal Energy Regulatory Commission -...more

International News: Focus on Mining and Metals

In This Issue: - Features ..Investors in Africa Benefit from Regional Trading Blocs ..Understanding the COMESA Merger Control Regime ..Protecting Your UK Business Against Departing...more

NPDES Permits Are Construed Narrowly Against the Permittee

In July, we noted that the Clean Water Act’s permit shield defense would be construed narrowly, applying only where a permittee had clearly disclosed that the relevant pollutant to the agency. This week, in Alaska Community...more

Fourth Circuit Vacates Certification of Five Classes as "Manifestly Improper"

Plaintiffs, alleged owners of an interest in coalbed methane gas (“CBM”), brought five related putative class actions against defendants, CBM producers, for alleged failure to pay royalties and for a declaration that owners...more

I'm Not Dead Yet: Is Coal Doomed Regardless Of Whether EPA Regulates Carbon Emissions?

I want to pass along three interesting articles I have read over the past day or so about coal's decline (or alleged decline) in the United States totally unrelated to EPA's recent proposed rule on carbon emissions from...more

Is Selenium the Coal Industry’s Kryptonite? Citizen Groups Obtain Summary Judgment Based on Water Quality Criteria Exceedances

Last week, the Ohio Valley Environmental Coalition and other NGOs obtained summary judgment that Alex Energy had violated both its NPDES permit and its Surface Mining Permits due to exceedances of the West Virginia water...more

Fourth Circuit Affirms Liability for Selenium Discharges - Rejects Permit Shield Defense

By a published decision released on July 11, 2014, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision out of the Western District of Virginia finding that A & G Coal Corporation (“A & G”)...more

Weekly Update from the NC State House - June 2014: After giving its final approval to their version of the state budget just after...

Conflicting Budgets - After giving its final approval to their version of the state budget just after midnight Saturday morning, the Senate took a long weekend, not returning to Raleigh until Wednesday. The budget...more

Renewable Energy Update -- May 2014

Renewable Energy Focus - Another solar record set, renewables power nearly quarter of California: KCET - May 20 -- Yet another milestone in California's quest to go solar: the state's industrial-sized solar power...more

Further Clarification On The Constitutionality Of Exported Coal Reclamation Fee Is Delayed

The D.C. Circuit has decided against ruling on the substance of whether the Abandoned Mine Land reclamation fee and the regulatory methods the Office of Surface Mining uses to collect it on exported coal create an...more

Explore - Insights from the DLA Piper Mining Sector

In This Issue: - Editorial - About our Mining Sector - Seismic Shift - A Whole New Ball Game – Coal Sales in China - OHADA – What Foreign Investors Need to Know - Breaking the Drought – the...more

U.S. natural gas to pass coal as electricity fuel in 2035

Coal will continue to fuel the largest share of electricity generated in the U.S. until 2035, when natural gas will surpass it, according to a recent federal report. The U.S. Energy Information Administration's 2014 Annual...more

D.C. Judge Approves Consent Decree Requiring Publication Of USEPA Rule

On May 2, 2014 the United States District Court for the District of Columbia approved a consent decree in Appalachian Voices et. al. v McCarthy, 12 cv-00254 (RBW), setting December 19, 2014 as the date by which the United...more

Court Declares Minnesota Coal Law Unconstitutional: Electrons Favor the Laws of Physics to Those of Governments

Minnesota legislators passed the Next Generation Energy Act in 2007 which, in part, established power sector standards for carbon dioxide emissions. As a result Minn. Stat. §216H.03 now provides that no person shall...more

Coal Companies, Don’t Look Behind; EPA May Be Gaining on You

As the lawyers among our readers know, the denial of a certiorari petition does not establish precedent. However, that doesn’t make it unimportant. Yesterday, the Supreme Court denied cert. in Mingo Logan Coal Co. v. EPA. ...more

Coal Ash Update

We have periodically updated the status of EPA’s long-running effort to decide whether and how to regulate coal ash generated primarily from electric power generation. Recent events have put EPA on a course to make a final...more

Senate Finance Committee Tax Reform Proposal Streamlines Energy Tax Credits

On December 18, 2013, Senate Finance Committee Chairman Max Baucus (D-MT) released a proposal that would streamline energy tax incentives to make them more predictable and technology neutral. The proposal would consolidate...more

Crude Allegations: Corruption in the Energy Trading Sector

The world-wide energy trading sector, where traders match physical supply and demand of energy by purchasing, reselling, and moving commodities (crude oil and refined products, natural gas, coal, and even electricity) across...more

Indonesian export ban and language law – are you prepared?

In 2010 we reported on legal developments affecting Indonesia’s coal mining industry. Since then, Indonesia – the fourth most populous country in the world with a US-dollar economy in excess of one trillion – has continued to...more

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