West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
Jones Day Talks: Developments in Germany's Wind Power Regulations
For those seasoned rockers, CCR means Creedence Clearwater Revival, but for environmental lawyers, CCR means Coal Combustion Residuals (“CCR”) which is a slurry by-product from the generation of electricity from coal fired...more
Dans son arrêt récent dans l’affaire Altius Royalty Corporation v. Alberta (l’« affaire Altius »), la Cour d’appel de l’Alberta (la « CAA ») a statué que le plan mis de l’avant par le gouvernement de l’Alberta pour éliminer...more
In its recent decision in Altius Royalty Corporation v. Alberta (Altius), the Court of Appeal of Alberta (Court of Appeal) ruled that the Government of Alberta’s plan to phase out coal-fired electricity generation emissions...more
The California Court of Appeal for the First Appellate District has struck down a state law that limited judicial review of California Energy Commission (CEC) thermal power plants siting approvals to the California Supreme...more
The First District Court of Appeal held that Public Resources Code section 22531 unconstitutionally restricted judicial review of licensing decisions by the Energy Resources Conservation and Development Commission regarding...more
An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Greater Basin., 3d Dist. Court of Appeal Case No. C080342 (certified...more
California Targets Greenhouse Gas Emissions from Ride-Hailing Companies - At a February 22, 2019 workshop, the California Air Resources Board (“CARB”) unveiled its planned “Clean Miles Standard” that will require...more
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more
As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
EPA Chief Looks to Distinguish Himself from Pruitt in Agency-Wide Memo - "The new head of the EPA sent a staff-wide memo laying out steps the agency is taking to increase transparency, a move that's seen as an effort to...more
In Communities for a Better Environment v. State Energy Resources Conservation and Development Commission, 19 Cal. App. 5th 725 (2017), the First District Court of Appeal reversed the trial court’s conclusion that a challenge...more
California’s process to challenge thermal power plants will likely be put to the judicial test in the coming years. The California Court of Appeal has granted publication of its recent opinion in Communities for a Better...more
The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The...more
The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more
The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more
The conservative cases in support of Chevron deference keep arriving. This week, the 9th Circuit Court of Appeals affirmed EPA’s federal implementation plan for compliance with its regional haze regulations by the Navajo...more
Nothing is certain except death and taxes, unless you own a coal-fired power plant with a shutdown in its future, in which case – with apologies to Ben Franklin – we would also add the certainty of a property tax appeal. Host...more
A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more
On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more
The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more
In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more
The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution cooperative for energy purchased...more
On September 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency petition filed by 15 states that sought an immediate stay of certain deadlines in the Environmental Protection Agency’s...more