Coal

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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

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

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