News & Analysis as of

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

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

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

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

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 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

President’s Climate Plan - Real policy change or another political dogfight in Washington

On June 25, President Obama announced an ambitious plan to reduce greenhouse gas (GHG) emissions and address climate change making good on a promise he made six months ago in his State of the Union Address when he said: “If...more

House Subcommittee Approves Coal Ash Legislation And Proposals To Modify Superfund

The Subcommittee on Environment and the Economy of the Energy and Commerce Committee of the U.S. House of Representatives approved legislation on June 6, to direct the regulation and management of coal combustion ash...more

Energy And Environment Update -- April 1, 2013

In This Issue: Congress; Administration; Department of Energy; Environmental Protection Agency; Interior Department; Department of Homeland Security; Department of State; Department of Treasury; Government...more

Energy And Environment Update -- March 25, 2013

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

California Environmental Law and Policy Update - March 22, 2013

In This Issue: Environmental and Policy Focus - U.S. top court rules for timber industry over road runoff; U.S. Supreme Court grants review of plan by forest service to manage Sierra Nevada; Federal Appeals Court...more

Energy Newsletter - March 2013

In This Issue: *REGULATORY: - U.S. Regulatory; EU Regulatory: Cybersecurity Efforts to Secure Critical Infrastructure including the Energy Sector Advance in the United States and European Union -...more

How Are We Doing? The Mercury Story

The late Ed Koch (former mayor of New York) famously used to ask his constituents “How am I doing?” Answering this question is also prudent (if not required) in evaluating environmental policies. Probably the most relevant...more

California Environmental Law and Policy Update - February 7, 2013

In This Issue: Environmental and Policy Focus - Solar development absorbing California farmland; Vast oil reserve may now be within reach, and battle heats up; Arizona sues U.S. EPA over coal power plant emissions;...more

EPA Uncertain When Coal Ash Rule Will Be Finalized

A recent article in Bloomberg BNA reports that the U.S. EPA (Environmental Protection Agency) is currently unable to provide a definitive timeline for promulgating final regulations on the management of coal ash generated by...more

Energy And Environment Update -- February 3, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Commerce; Department of Energy; Department of Treasury; Environmental Protection Agency; National Air and Space Administration; Personnel;...more

Energy And Environmental Law Alert: Feds Continue Aggressive Enforcement Of Emissions Limits For Power Plants

On January 4, 2013, the Wisconsin Public Service Corporation agreed to pay more than $300 million as part of a settlement reached with the EPA and the Justice Department regarding alleged violations of the Clean Air Act. The...more

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