MATS

News & Analysis as of

California Environmental Law & Policy Update - June 2016 #3

Environmental and Policy Focus - Supreme Court rejects new challenge to EPA’s air pollution rule - The Hill - Jun 13 - The Supreme Court on Monday declined to consider a third request from a group of states to...more

Confluence of Emissions Regulations Favor Renewable Energy Investment (Part 2)

In yesterday’s Part 1, we discussed the Environmental Protection Agency’s (EPA) rules regulating emissions from existing and new stationary electricity generating units. In today’s post, we discuss EPA’s regulations regarding...more

Stop the Presses! EPA Still Thinks that the MATS Rule Is a Good Idea

Last week, EPA issued its “Supplemental Finding”, confirming that it still believes that its Mercury and Air Toxics Standards are “appropriate and necessary.” I don’t have much to add to our post at the time of the proposed...more

EPA Continues to Dismantle Clean Air Act Affirmative Defenses — Blame It On the Judge(s)

On Wednesday, EPA published certain amendments to the Mercury and Air Toxics Standards in the Federal Register. EPA describes most of the changes as “technical corrections,” but there is one important substantive change. ...more

The EPA Gets a First Big Win at the Supreme Court in the Post-Scalia Era

On March 3, 2016 the Supreme Court denied an application by Michigan Attorney General Bill Schuette and several other states for a stay of the Environmental Protection Agency’s Mercury and Air Toxics Standards (“MATS”) – a...more

Handicapping Clean Power Plan Outcomes – Petitioners’ Briefs

The petitioners challenging the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) in the U.S. Court of Appeals for the D.C. Circuit filed their joint opening briefs on February 19, 2016. The Opening Briefs of...more

Something in the Air at the EPA: The McGuireWoods 2016 Clean Air Act (P)review

Even in this election year, the Obama administration is moving forward with its Clean Air Act (CAA) agenda. While the Environmental Protection Agency’s (EPA’s) final Clean Air Act 111(d) rule for cutting greenhouse gas...more

High Court Grants Stay of Clean Power Plan

On February 9, 2016, in an historic and unprecedented decision, the U.S. Supreme Court blocked the U.S. Environmental Protection Agency (“EPA”) from implementing the Clean Power Plan (“CPP”) while the rule is challenged in...more

Some Things Upcoming in 2016

As the New Year begins, a number of issues will compete for attention from Congress and the courts, and we may even get some final determinations about matters that have been long simmering. Much of the substantive work of...more

California Environmental Law & Policy Update - December 2015 #3

Environmental and Policy Focus - California Supreme Court rejects mandatory "reverse CEQA" analysis Allen Matkins - Dec 18 - The California Supreme Court issued its long awaited opinion yesterday in California...more

The Mercury Rule Lives To Fight Another Day: Vacatur Is Very Much Out of Fashion

On December 15, 2015, the D.C. Circuit Court of Appeals refused to vacate EPA’s Mercury and Air Toxics Standards. The decision was not a surprise. As I noted earlier this fall, there is a definitely trend towards refusing...more

MATS, Take Two: EPA Still Supports the Rule (And EPA Is Correct)

Late last week, EPA issued a Supplemental Finding, concluding that it is still “appropriate and necessary” to regulate hazardous air pollutants from coal- and oil-fired electric generating units. The Supplemental Finding was...more

Update on Environmental Regulations Impacting the Power Sector – Litigation May Create Uncertainty

As the electric power industry considers the options for compliance with an unprecedented suite of new environmental requirements, it faces continued uncertainty as to the fate of some of the most significant new regulations....more

Energy & Environment Update - October 2015 #4

Energy and Climate Debate - Following a busy week for the Obama Administration during which it held several energy and climate events in anticipation of the international climate negotiations at the end of the year in...more

Power dynamics: Forces shaping the future of coal in the United States

Coal-fired plants have been the backbone of US power generation for more than a century, and they still account for nearly 40 percent of power generation in the country. But coal's dominance in the United States is waning. It...more

The Clean Power Plan May Revive Interest in Nuclear Generation in Some Regions

The dim prospects for nuclear-generated power in the United States may have received a glimmer of light from the Environmental Protection Agency's Clean Power Plan (CPP). Nuclear industry representatives are encouraged by...more

Clean Power Rule Challenges Will Proceed Sooner or Later, But Its Goal May Already Be Close at Hand

Legal challenges filed almost immediately after President Obama announced the Clean Power Rule may be premature. That is what attorneys for EPA told the U.S. Court of Appeals for the District of Columbia Circuit recently in...more

Obama’s Climate Action Plan: Next Step, Landfill Methane

Having gotten the Clean Power Plan out the door, EPA has moved on to another target of President Obama’s Climate Action Plan: landfill methane emissions. Late last week, EPA proposed both new emission guidelines for...more

Clean Power Plan Finalized by Obama Administration and EPA — What's Next?

On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) released a new set of final regulations aimed at reducing carbon output from power plants. The sweeping new Clean Power Plan (CPP) sets limits...more

Supreme Court Tells EPA Cost Does Matter

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

Energy Insights: An Update from the Second Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q2 2015 for the energy industry including court protection for companies using hydraulic...more

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the...more

Environmental Notes - July 2015

Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

Supreme Court Rejects EPA Mercury Emissions Rule

On June 29, 2015, the Supreme Court cast serious doubt upon the future of the Mercury and Air Toxics Standards (“MATS”) by finding that the Environmental Protection Agency (“EPA”) failed to adequately consider the costs of...more

Supreme Court Ruling on EPA Mercury Rule: Utilities Wins the Battle, But Lose the War

The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards the...more

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