Power Plants

News & Analysis as of

Supreme Court Decides Michigan v. Environmental Protection Agency

On June 29, 2015, the United States Supreme Court decided Michigan v. Environmental Protection Agency, No. 14-46, and two other consolidated cases, holding that the Environmental Protection Agency (EPA) acted unreasonably,...more

Supreme Court: EPA Must Consider Cost Of Implementing Regulations

In a 5-4 ruling, the U.S. Supreme Court today ruled that the EPA acted unreasonably when it refused to consider the cost of implementing its Mercury and Air Toxics Standard (MATS). The MATS rule, issued in 2012,...more

Supreme Court Finds EPA Unreasonably Failed to Consider Costs When Regulating Power Plant Emissions

Today the U.S. Supreme Court ruled that the U.S. Environmental Protection Agency (EPA) improperly refused to consider costs when it decided to regulate mercury and other hazardous emissions. The EPA regulated power plant...more

What Comes Next for Mercury Emissions from Power Plants?

The U.S. Supreme Court held this morning that the U.S. Environmental Protection Agency (EPA) acted unreasonably when it determined in 2000, and again in 2012, that it was “appropriate and necessary” to regulate mercury...more

Supreme Court: EPA Must Consider Costs in Power Plant Rule

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

Austria and Luxembourg Will Challenge Hinkley Point C State Aid

Following an 11-month investigation into UK support for the Hinkley Point C nuclear project, the Commission approved a modified UK support package on 8 October 2014. Austria announced yesterday that it will launch its...more

Keep Calm and Carry on with Nuclear Power, Part II

A little over two weeks after the 2011 accident at the Fukushima Daiichi nuclear power plant in Japan, I wrote a column for The Hill, “Keep calm and carry on with nuclear power,” in which I stated: Now is not the time...more

Legal Challenge to EPA’s Proposed Clean Power Plan Rejected as Premature, Final Rule Sent to OMB for Review

The proposed Clean Power Plan introduced by the U.S. Environmental Protection Agency (EPA) in June 2014 has been met with considerable opposition, including a court battle that pitted energy companies and more than twenty...more

D.C. Circuit Rejects Bid for Preliminary Review of Clean Power Plan

Today the U.S. Court of Appeals for the District of Columbia Circuit rejected a challenge to the U.S. Environmental Protection Agency’s (EPA’s) proposed Clean Power Plan, which seeks to regulate greenhouse gas emissions from...more

D.C. Circuit Rejects Preliminary Challenge to Clean Power Plan

Consistent with longstanding administrative-law precedents, the D.C. Circuit has rejected two challenges to EPA’s proposed Clean Power Plan rule as premature. The two closely-watched cases, In re Murray Energy Corporation and...more

No, Virginia, You Can’t Challenge a Rule that Hasn’t Even Been Promulgated

Easy way to tell when you’ve lost your appeal? When a pithy judge starts making fun of you in the first sentence of the opinion. In a case that was only ever going to have one outcome, the D.C. Circuit Court of Appeals...more

Public Service Commission Affirms Hearing Officer’s Decision in Carroll EMC Territorial Act Dispute

The Georgia Public Service Commission (the PSC or Commission) recently adopted a hearing officer’s initial decision in a “reconstruction in substantial kind” case under Georgia’s Territorial Act. That case, previously...more

FERC to EPA: We Are Here to Help on CPP

On May 15, 2015, the five sitting Federal Energy Regulatory Commission (FERC) commissioners sent a joint letter to Janet G. McCabe, acting assistant administrator of the Environmental Protection Agency (EPA), regarding the...more

Renewable Energy Update - May 2015 #4

Renewable Energy Focus - Wind and solar account for 100 percent of new U.S. generating capacity in April: Renewable Energy World - May 26: In what is becoming a frequent occurrence, if not predictable pattern, renewable...more

California Environmental Law & Policy Update - May 2015 #5

Environmental and Policy Focus: EPA and U.S. Army Corps of Engineers approve new definition of "waters of the United States" - Allen Matkins - May 27: The U.S. EPA and the U.S. Army Corps of Engineers announced on May...more

How Latin American LNG Markets and U.S. Exports are Reshaping the LNG Market

Traditionally, long-term take-or-pay "ToP" LNG sale and purchase agreements ("LNG SPAs") provide the foundation for the development of an LNG export project. These are contracts with terms of 20 years or longer. A buyer under...more

Renewable Energy Update - May 2015 #2

Renewable Energy Focus - Wyoming-to-California lines for wind power clear hurdle: REVE Wind News - May 2: A planned 730-mile power line project to export Wyoming wind power to Southern California has passed a...more

Pennsylvania Federal Court Strikes Class Allegations in Air Pollution Suit

Underscoring the requirement that class action plaintiffs clearly and objectively define the putative class without reference to the underlying merits of plaintiffs’ claims, a federal district court in Pennsylvania struck...more

The Most Influential, Unimplemented Federal Rule in History

The Clean Power Plan, as proposed by the Environmental Protection Agency last year, would limit carbon dioxide emissions from power plants for the first time in history. The proposal, slated to go final this summer, is...more

Opponents of EPA’s Proposed Clean Power Plan Face Tough Questions From the Court

The U.S. Court of Appeals for the District of Columbia Circuit heard oral argument on the first legal challenges to EPA’s “Clean Power Plan” on April 16, 2015. The plan is a proposed rule under Section 111(d) of the Clean Air...more

Initial Challenge to Clean Power Plan Receives Rocky Reception

Several states and Murray Energy Corp. (“Murray Energy”), supported by numerous intervenors and amici, presented oral arguments today before the D.C. Circuit challenging the Environmental Protection Agency’s (EPA) proposed...more

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more

California Environmental Law & Policy Update - April 2015 #2

Environmental and Policy Focus: Desperate from drought, California turns to desalination: Bloomberg - Apr 8: As California battled its last severe drought in the early 1990s, Santa Barbara spent $34 million on a...more

Maine considers nuclear energy law change

The Maine legislature is considering a proposal to amend state laws regarding the siting and construction of new nuclear power plants. The bill known as LD 1313, "An Act To Amend the Laws Regarding Nuclear Power Generating...more

California Environmental Law & Policy Update - April 2015

Environmental and Policy Focus:Governor Brown issues executive order requiring statewide mandatory water restrictions - Allen Matkins - Apr 3: Responding to severely depleted water supplies and a record low snowpack at...more

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