News & Analysis as of

Salem power plant wins market deferral

Federal regulators have granted a request by the developer of a power plant in Salem, Massachusetts, to defer its commitment to provide power to the New England market. The process reflects challenges inherent to developing...more

The Space Between Draft and Final

EPA has a lot to consider in finalizing its rule directing states to create programs to reduce greenhouse gas (GHG) emissions from fossil fuel fired electric generating units. The public comment period on a recently proposed...more

EPA Proposes The Clean Power Plan To Reduce Carbon Emissions

On June 2, 2014, the United States Environmental Protection Agency (EPA) issued the Clean Power Plan – a proposed rule passed under the authority of the Clean Air Act (CAA) section 111(d) – which will significantly affect...more

How Courts Have Ruled on the Still-open Issue of Whether the Clean Air Act Preempts State Common Law Tort Suits

In its landmark 2011 decision in American Electric Power Co., Inc. v. Connecticut, et al., 131 S.Ct. 2527 (2011), the U.S. Supreme Court held that the Clean Air Act (CAA) and the actions by the U.S. Environmental Protection...more

The Third Piece of EPA’s Clean Power Plan: GHG Emission Limits for Modified and Reconstructed Power Plants

The U.S. Environmental Protection Agency’s proposed greenhouse gas (GHG) regulations for “new” and “existing” power plants have received substantial media attention, but regulated parties should also be aware of the third...more

EPA proposes carbon goals for power plants

The U.S. Environmental Protection Agency has proposed its plan to reduce carbon emissions from the nation's power plants by 30% below 2005 levels. Formally known as "Carbon Pollution Emission Guidelines for Existing...more

Key Developments in Electricity Generation in California

Electricity Generation in California: Key Developments and Trends, a webcast hosted by Latham & Watkins partner Michael Carroll and associate Marc Campopiano, focused on the recent developments that are constraining...more

The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible...

On September 20, 2013, EPA, under the authority of section 111(b) of the Clean Air Act (CAA), re-proposed its New Source Performance Standards (NSPS) for CO2 emissions from coal-fired utility boilers and integrated...more

EPA Finalizes Revisions To Clean Air Standards For Stationary Engines

On January 15, 2013, the U.S. Environmental Protection Agency (EPA) finalized revisions to standards to reduce air pollution from stationary engines that generate electricity and power equipment at industrial, agricultural,...more

Skadden's 2013 Insights: Regulatory

Communications Law: The Relentless Pursuit of Broadband Competition - As the Obama administration enters its second term, the Federal Communications Commission (FCC or Commission) is one of many federal agencies likely...more

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