News & Analysis as of

Deadline Extended to Submit Comments on EPA’s Proposed Greenhouse Gas Emission Limits for New Power Plants

The U.S. Environmental Protection Agency (EPA) has announced that it is extending until May 9, 2014, the deadline for submitting comments on its proposed rule to set greenhouse gas emission limits for new coal- and gas-fired...more

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

EPA May Rely — In Part — on Projects Funded Under the Energy Policy Act to Justify the Greenhouse Gas NSPS. That’s Its Story and...

As those following EPA’s efforts to promulgate NSPS for greenhouse gas emissions from new fossil fuel-fired electric generating plants know, EPA has come under fire for basing its proposal on demonstrations of feasibility at...more

EPA Is Not a “Bogeyman” According to a Sierra Club Poll: I’m Sure That Will Comfort Nervous Senate Democrats

The Sierra Club released a poll yesterday showing substantial support for EPA’s efforts to regulate carbon emissions from power plants. The poll was conducted by Greenberg Quinlan Rosner Research, whose representative,...more

Is Carbon Capture and Sequestration the Best or Even an Achievable Control Technology To Reduce Carbon Dioxide Emissions from...

EPA’s proposed greenhouse gas emission standards for new power plants rest on the agency’s finding that carbon capture and sequestration (CCS) technologies are “achievable” and the “best system” for the reduction of carbon...more

ML Strategies’ Weekly Energy and Environment Update – Week of January 21, 2014

After approving a three-day continuing resolution through January 18 to buy time for debate, Congress sent a bipartisan $1.1 trillion omnibus Fiscal Year 2014 spending bill (H.R. 3547) to President Obama January 16. The...more

Nebraska Sues U.S. EPA Over Proposed Greenhouse Gas Emissions Standards for New Power Plants

Nebraska filed suit against the U.S. Environmental Protection Agency (EPA) in federal court on Wednesday, challenging the agency’s newly proposed standards for greenhouse gas emissions from new power plants. Nebraska argues...more

Capital Thinking: Energy

ENERGY AND COMMERCE TO CONSIDER BILL TO LIMIT EPA’S REGULATORY AUTHORITY - On Monday, January 13, the House Energy and Commerce Committee’s Subcommittee on Energy and Power will hold a markup vote on H.R. 3826, the...more

EPA Reissues Greenhouse Gas Emission Standards for New Power Plants

The U.S. Environmental Protection Agency (EPA) has re-proposed greenhouse gas (GHG) emission standards for new fossil-fuel power plants, exercising existing authority under section 111(b) of the Clean Air Act. Proposed rule...more

Greenhouse Gas Limits for New Power Plants – Comments due to EPA by March 10, 2014

Yesterday, the United States Environmental Protection Agency’s (EPA) proposal to set greenhouse gas emissions limits for new coal-fired and natural gas-fired power plants was published in the Federal Register. This proposal...more

EPA Publishes Proposed Greenhouse Gas Standards for New Power Plants

The U.S. Environmental Protection Agency published its proposed standards of performance for greenhouse gases emitted from new electric utility steam generating units and stationary combustion turbines on January 8, 2014,...more

Greenhouse Gas Emissions From Power Plants: What’s In Store For New And Existing Plants?

Among the various Clean Air Act programs, it has been suggested that the New Source Performance Standards program provides the best vehicle for a manageable and effective reduction in greenhouse gas emissions. On June 25...more

Regulatory Utility Commissioners Seek Role In Development Of EPA Climate Rules

In June, President Obama directed the U.S. Environmental Protection Agency to propose standards regulating greenhouse gas emissions (“GHG”) from existing power plants. The requirements would be imposed under Section 111(d) of...more

Capital Thinking: Energy

SENATE EPW COMMITTEE HOLDS HEARING ON FUGITIVE METHANE GAS LEAKS - Last Tuesday, November 5, the Senate Committee on Environment and Public Works held a hearing titled “Fugitive Methane Emissions from Oil and Gas...more

New Legislation Would Vacate Proposed Carbon Pollution Standard for New Power Plants

Congressman Ed Whitfield (R-KY.), the chairman of the House Energy and Commerce Committee’s Energy and Power Subcommittee, introduced a bill on October 28, 2013 that would void the U.S. Environmental Protection Agency’s (EPA)...more

EPA Proposes New Power Plant Carbon Dioxide Limits

On September 20, 2013, EPA proposed new source performance standards (NSPS) for carbon dioxide emissions from new fossil fuel-fired power plants under Section 111(b) of the Clean Air Act, 42 U.S.C. § 7411(b). This proposal...more

Capital Thinking: Environment

Executive Branch Activity - EPA To Hold Listening Sessions on Carbon Emissions From Power Plants - The U.S. Environmental Protection Agency (EPA) is planning on holding 11 public listening sessions across the United...more

Obama Climate Plan Rests on EPA’s Ability to Force Technology Improvements

Can the Clean Air Act be used to force technological improvements, even if that technology is at best under construction but not actually in existence in any place? With the Obama Administration’s climate control plans, the...more

EPA's Proposed Greenhouse Gas Emission Standard for Power Plants – The Other Half of the Rule

On September 20, 2013, the U.S. Environmental Protection Agency issued a new proposed rule for emissions of greenhouse gases from new power generating facilities. The vast majority of the commentary on the rule since its...more

Energy Newsletter - October 2013

In This Issue: - Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step? - European Union adds legislative weight to the promotion of transparency in the extractive...more

Washington Energy Update - August/September 2013

In This Issue: - DOE Announces Fourth Authorization for LNG Exports to Non-FTA Nations. Does This Mean Full Steam Ahead? - FERC Addresses ISO-NE Capacity Supply Obligations, Walks a Fine Line Between Generator...more

Energy And Environment Update -- September 30, 2013

In This Issue: Energy and Climate Debate; Congress; Administration; Department of Defense; Department of Energy; Department of State; Environmental Protection Agency; Federal Energy Regulatory Commission; Nuclear...more

Capital Thinking: Energy

LEGISLATIVE ACTIVITY - Energy Efficiency Legislation Delayed - The Senate failed last week to fully consider S. 1392, energy efficiency legislation introduced by Sens. Jeanne Shaheen (D-NH) and Rob Portman...more

United States Environmental Protection Agency Proposes Carbon Dioxide Emissions Limits for New Power Plants

On September 20, 2013, the United States Environmental Protection Agency (EPA) proposed national limits on carbon dioxide (CO2) emissions for new natural gas-fired stationary combustion turbines and fossil fuel-fired electric...more

Capital Thinking: Environment

LEGISLATIVE ACTIVITY - Last Week’s Hearings: - Tuesday, September 24: The Senate Committee on Environment and Public Works, Subcommittee on Clean Air and Nuclear Safety, will hold a hearing to examine black...more

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