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Energy Sector Clean Air Act Supreme Court of the United States

Saul Ewing LLP

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

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The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more

Brownstein Hyatt Farber Schreck

Chevron Deference on the Chopping Block?

Supreme Court to hear case that could change landmark precedent - Earlier this month, the U.S. Supreme Court announced that during its next term it will hear a case that could overturn Chevron, U.S.A., Inc. v. NRDC, 467...more

Holland & Hart LLP

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

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In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — August 2022

In June 2022, the Supreme Court issued its decision in West Virginia v. EPA, which held that, under the “major questions doctrine,” the EPA lacked the authority under the Clean Air Act to devise emissions caps based on the...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

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The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

Perkins Coie

West Virginia v. EPA Curtails Federal Climate Action

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The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more

White & Case LLP

Supreme Court Rules EPA Cannot Require Existing Fossil Fuel Power Facilities to Shift to Lower CO2 Emitting Sources of Electricity

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On June 30, 2022, the Supreme Court ruled that the US Environmental Protection Agency (EPA) cannot use the Clean Air Act to require fossil fuel power facilities to implement a measure known as "generation shifting" without...more

ArentFox Schiff

Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”

ArentFox Schiff on

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...more

Brownstein Hyatt Farber Schreck

The Supreme Court Overturns the Clean Power Plan—Analysis and Key Takeaways

Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more

Foley Hoag LLP - Environmental Law

State Law Climate Damage Cases (Still) Belong in State Court

In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more

WilmerHale

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

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In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Dickinson Wright

Supreme Court Delays Climate Control Regs

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In an unprecedented action, the U.S. Supreme Court has stayed implementation of the Obama administration’s Clean Power Plan regulations. The case is now under review by the U.S. Court of Appeals for the D.C. Circuit, with a...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Blocks Obama Administration’s Clean Power Plan

On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more

Perkins Coie

Supreme Court’s Stay on EPA’s Clean Power Plan Places States in Limbo

Perkins Coie on

On Tuesday, February 9, 2016, only a few weeks after the U.S. Court of Appeals for the District of Columbia Circuit denied a multistate plea to stop the U.S. EPA’s Clean Power Plan, the United States Supreme Court issued a...more

Mintz

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - July 2015

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A Note from the Editors - Our July edition of Energy Technology Connections brings you recent industry highlights, the latest news from Capitol Hill, and a list of upcoming energy industry events. In Leaders in the...more

K&L Gates LLP

EPA’s Clean Power Plan: Structure, Implications for the Grid, and Next Steps

K&L Gates LLP on

The United States Environmental Protection Agency (EPA) issued the Clean Power Plan (Plan) in its final form on August 3, 2015. The rule reshapes energy policy nationwide by setting state-by-state greenhouse gas emissions...more

Lewitt Hackman

Supreme Court Tells EPA Cost Does Matter

Lewitt Hackman on

The Environmental Protection Agency's Mercury and Air Toxics Standards (MATS) placed national limits on mercury and other toxic emissions from power plants. The agency projected MATS to prevent 11,000 premature deaths, 4,700...more

Pillsbury Winthrop Shaw Pittman LLP

The U.S. Supreme Court Holds EPA Must Consider Costs in Deciding to Regulate Power Plants

The U.S. Supreme Court’s June 29th decision in Michigan v. EPA, taken together with another significant CAA opinion from last term, Utility Air Regulatory Group v. EPA, demonstrates the Court’s proclivity for subjecting...more

Saul Ewing LLP

Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

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The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for...more

Mintz - ML Strategies

Energy & Environment Update - June 2015 #5

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In This Issue: - Energy and Climate - Congress - Administration - Department of Energy - Department of Interior - Department of State - Department of Transportation -...more

Ballard Spahr LLP

Supreme Court: EPA Must Consider Costs in Power Plant Rule

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The U.S. Supreme Court issued its opinion in Michigan v. EPA, reversing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit and holding that the U.S. Environmental Protection Agency (EPA) must consider...more

Stoel Rives LLP

U.S. Supreme Court Hears Oral Arguments on EPA’s Mercury and Air Toxics Standard

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Wednesday the U.S. Supreme Court heard oral argument in Michigan v. EPA, a Clean Air Act case involving hazardous air pollutant regulations, with implications for fossil fuel-fired power plant owners and operators in...more

Allen Matkins

Renewable Energy Update -- July 2014

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Renewable Energy Focus - Supreme Court upholds EPA's power to regulate greenhouse gas: Allen Matkins - Jun 24: On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v....more

King & Spalding

Energy Newsletter - July 2014

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In This Issue: - Russia's Second Renewable Energy Auction Gives Both Glimmer of Hope and Cause for Concern - Tanzania Publishes First Draft of a Long-Awaited Local Content Policy - New York's Highest...more

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