News & Analysis as of

Power Plants Environmental Protection Agency

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those...more

Energy Technology Connections Newsletter - Your Law Firm Link to Industry News: March 2017

by Mintz Levin on

Our March edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. If you enjoy learning about new technology as much as we...more

The Conservative Case for Chevron Deference, Chapter 3 (Plus an Auer Bonus!)

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

December 2016: Energy Litigation Update

Update on Clean Power Plan. In August 2015, the Environmental Protection Agency (“EPA”) finalized a new set of standards, now known as the Clean Power Plan (the “Plan”), aimed at reducing carbon emissions from fossil-fuel...more

Renewable Energy Update - December 2016 #2

by Allen Matkins on

Renewable Energy Focus - Trump names climate change skeptic and oil industry ally to lead the EPA - Los Angeles Times - Dec 7 - Donald Trump picked Oklahoma Atty. Gen. Scott Pruitt to run the...more

Clean Power Plan's Future in Jeopardy Under Trump

by Holland & Knight LLP on

During his campaign, President-Elect Donald Trump vowed to scrap President Obama's Clean Power Plan (CPP) rule. The CPP is the cornerstone of President Obama's environmental legacy. The rule establishes the first national...more

EPA to the Oil and Gas Industry: The Request Is in the Mail

It looks like the Environmental Protection Agency (EPA) will have its own scary treat for the oil and gas industry this Halloween—an information request under Section 114 of the Clean Air Act designed to help EPA regulate...more

District Court Rules Against an Illinois Power Plant in CAA Citizen Suit, Rejecting Three Defenses to Liability

In the case of National Resources Defense Council , et al. , v. Illinois Power Resources, LLC and Illinois Power Resources Generating, LLC, decided August 23, 2016, the United States District Court for the Central of District...more

Mercury Rule Moves Forward

by Williams Mullen on

The federal lawsuit filed by twenty-three states challenging EPA’s Mercury and Air Toxics Standards (MATS) is in the 8th inning, and things are not looking good for the challengers. Some background is appropriate....more

Environmental Notes - July 2016

by Williams Mullen on

CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more

US Circuit Court of Appeals for the DC Circuit delays oral arguments in Clean Power Plan litigation

by Dentons on

On May 16, the US Court of Appeals for the District of Columbia Circuit announced that it was delaying scheduled June 2 oral arguments before a three-judge panel in litigation over the Clean Power Plan. Instead, the DC...more

Update: Confluence of Emissions Regulations Favor Renewable Energy Development

by Sullivan & Worcester on

This posts continues our discussion regarding the status of several major recent regulations by the U.S. Environmental Protection Agency (EPA) that target reductions in emissions from the oil, natural gas, and coal...more

California Environmental Law & Policy Update - June 2016 #4

by Allen Matkins on

Environmental and Policy Focus - PG&E to close Diablo Canyon, California's last nuclear power plant - Los Angeles Times - Jun 21 - Pacific Gas & Electric Co. (PG&E) announced on Tuesday that it plans to close...more

California Environmental Law & Policy Update - June 2016 #3

by Allen Matkins on

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 1)

by Sullivan & Worcester on

GOP Presidential Candidate Donald Trump made several sweeping promises while on the campaign trail vowing to reopen shuttered mines and bring coal back to its dominance of a decade ago. These promises, however, are dated as...more

EPA Doubles Down on Methane Regulation for Oil and Gas Industry

by Ballard Spahr LLP on

The U.S. Environmental Protection Agency (EPA) released a packet of measures targeting methane emissions from operations of the oil and gas industry on May 12, 2016. These measures include three final regulations affecting...more

EPA Can Withold Certain Wastewater Data from the Public

by Williams Mullen on

On March 29, 2016, a federal judge ruled that the Freedom of Information Act (“FOIA”) exemption for “confidential business information” (“CBI”) can cover wastewater discharge information collected by the United States...more

Update on EPA’s Clean Power Plan

by K&L Gates LLP on

Late last month, the United States Environmental Protection Agency (“EPA”) submitted briefs to the United States Court of Appeals for the District of Columbia in support of its Clean Power Plan (“CPP”) rule. The agency’s...more

Environmental Notes - April 2016

by Williams Mullen on

EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

The Future of Clean Power Plan After Supreme Court Stay

On February 9, 2016, the United States Supreme Court issued a stay of the federal Clean Power Plan ("CPP" or "Plan"), preventing the Environmental Protection Agency ("EPA") from enforcing the Plan until legal challenges are...more

California Environmental Law & Policy Update - March 2016

by Allen Matkins on

Environmental and Policy Focus - Community and environmental groups sue South Coast Air District over rules adoption - Los Angeles Times - Mar 9 - Community groups and environmentalists filed suit this week...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

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

Clean Power Plan: The Legal Battle Continues

by Liskow & Lewis on

The group of petitioners challenging the EPA rules imposing strict limits on carbon dioxide emissions from existing power plants filed its opening briefs on Friday, February 19. ...more

How Will the Passing of Justice Scalia Impact the Supreme Court’s Review of the EPA Clean Power Plan Case?

Last week, we wrote about the Supreme Court's unprecedented issuance of a stay prohibiting the implementation of the "Clean Power Plan" while a judicial challenge to the Plan is pending. The extraordinary stay decision...more

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