Coal

News & Analysis as of

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

Hernshaw Decision Could Have Impacts Beyond Coal Industry - Court Allows Citizens Suit to Proceed Based On Lingering Effects from...

The U.S. District Court for the Southern District of West Virginia has issued a number of decisions in the last several years touching upon the outer contours of jurisdiction under the Clean Water Act’s citizen suits...more

Watt’s New? Michigan Energy Newsletter - December 2013

In This Issue: - Challenge to Coal Plant's Modified Air Permit Fails - Electric Reliability Project to Include Focus on Outages - Michigan Shorts - Consumers Energy May Terminate Case for New Gas Plant -...more

New Bill Aims to Eliminate Tax Subsidies for Oil, Gas and Coal Industries

A bill introduced on Thursday, November 21 in the Senate by Bernie Sanders, I-Vt., and in the House of Representatives by Keith Ellison, D-Minn., is designed to remove an estimated $110 billion in existing tax subsidies for...more

MEMR Issues New Regulation on Procedures for Divestment, Share Pricing and Changes to Investment in Mineral and Coal Mining...

Introduction On 13 September 2013, the Indonesian government (through the Minister of Energy and Mineral Resources (the “MEMR”)) demonstrated its ongoing determination to implement the divestment requirement of the 2009...more

Environmental Challenges to Exporting Coal from the United States

Chesapeake Climate Action Network v. Export-Import Bank of the United States highlights how failure to follow the National Environmental Policy Act of 1969 can result in delays to coal export endeavors. As recent news...more

States’ Primary Authority to Regulate Coal Mining Pursuant to SMCRA Under Assault

As suggested in a “Guidance Memorandum” issued by the Obama Administration in November 2009, and solidified through a Memorandum issued by the U.S. Department of Interior’s Office of Surface Mining (“OSM”) in November 2010,...more

ML Strategies Weekly Energy and Environment Update – Week of October 8, 2013

As the clock struck midnight October 1, the United States entered a new fiscal year, and, without a budget, the federal government shut down. Congress worked through the weekend to pass a continuing resolution, but the...more

Capital Thinking: Energy

LEGISLATIVE ACTIVITY - Energy Efficiency Legislation Delayed - The Senate failed last week to fully consider S. 1392, energy efficiency legislation introduced by Sens. Jeanne Shaheen (D-NH) and Rob Portman...more

United States Environmental Protection Agency Proposes Carbon Dioxide Emissions Limits for New Power Plants

On September 20, 2013, the United States Environmental Protection Agency (EPA) proposed national limits on carbon dioxide (CO2) emissions for new natural gas-fired stationary combustion turbines and fossil fuel-fired electric...more

White Paper: Reports Of King Coal’s Death Have Been Greatly Exaggerated - The Outlook for Coal-Fired Generation after EPA MATS

1. Summary - The authors, using the PROMOD IV2 model, forecasted coal- and gas-fired generation in 2018 for the Eastern Interconnection. Our analysis suggests that, in the absence of federal carbon policy and with...more

REGULATORY: Natural Resources Regulatory: Department of the Interior Proposes Rule Changes Applicable to All Federal Solid...

The U.S. Department of the Interior's Office of Natural Resources Revenue (ONRR) recently proposed significant changes to federal royalty reporting requirements covering all solid minerals, including coal. The proposed rule,...more

From Coal to Roads: VDOT Uses Coal Synergy Concept to Improve Access in Southwest Virginia

On July 31, 2013, the Virginia Department of Transportation (“VDOT”) executed a $108 million lump-sum design-build contract with Bizzack Construction, LLC (“Bizzack”) for the design and construction of the rough-grade roadbed...more

Energy And Environment Update -- August 12, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Interior; Environmental Protection Agency; Nuclear Regulatory Commission; International;...more

Watt’s New? Michigan Energy Newsletter - July 2013

In This Issue: - Gas Generating Plant Certificate of Necessity Sought - Natural Gas Generation to Cut Need for Coal - S.S. Badger Saves Diesel Fuel by Carrying Wind Towers - Albion Solar Company Growing -...more

U.S. House Approves Coal Ash Bill

Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. ...more

The Permit Shield Defense: No Shield Absent Full Disclosure

The Clean Water Act permit shield provision provides that compliance with an NPDES permit constitutes compliance with the CWA. What happens the permit does not mention a particular pollutant? In Southern Appalachian...more

Natural Gas Generation To Cut Need For Coal

The Lansing Board of Water & Light has started up its new 100 MW natural gas-fired power plant across the street from its existing Moore’s Park and Eckert coal-fired generators with their iconic triple exhaust stacks....more

REGULATORY: U.S. Regulatory: As Coal Exports Hit Record Highs, Interior Inspector General Questions Lease Valuations

Even as U.S. coal exports surge to record highs, the Bureau of Land Management (BLM) is being taken to task for (among other items) failing to take account of the burgeoning export market when calculating the fair market...more

Energy Newsletter - July 2013

In This Issue: - The President's Climate Action Plan - Mixed Messages for the Energy Sector - As Coal Exports Hit Record Highs, Interior Inspector General Questions Lease Valuations - U.S. Supreme Court Agrees...more

The Real Risk of Unregulated Air Pollution

Sometimes the most valuable research turns out to be a confirmation of the obvious. Fitting that bill is the study released yesterday in the Proceedings of the National Academy of Science documenting the substantially...more

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