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
The National Rural Electric Cooperative Association (“NRECA”) submitted June 23rd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for...more
This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more
Cancelled Teck Oil Sands Project Underscores Global Climate-Energy Policy Tension - "The Frontier project became the latest casualty in oil-producing countries with robust environmental movements agitating to cut...more
Focus - San Diego City Council takes the leap into community choice energy - The San Diego Union-Tribune – September 17 - The city of San Diego is about to enter the power-purchasing business. On a 7-2 vote this Tuesday...more
The United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more
The Arkansas Department of Environmental Quality (“ADEQ”) submitted February 26th comments to the United States Environmental Protection Agency (“EPA”) in regards to an Advance Notice of Proposed Rulemaking titled: State...more
Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more
EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more
On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more
On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more
Focus: Supreme Court upholds EPA's power to regulate greenhouse gas emissions from large stationary sources – but scolds EPA for overreaching in its regulatory approach - Allen Matkins - Jun 24: On...more
Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more
The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more
The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits...more
Last Monday, the Supreme Court issued its highly-anticipated opinion in Utility Air Regulatory Group v. EPA, No. 12-1146 (June 23, 2014), partially upholding and partially invalidating EPA’s 2010 regulations governing...more
On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v. Environmental Protection Agency partially invalidated and partially upheld U.S. Environmental Protection Agency ("EPA")...more
In 2007, the Supreme Court told the U.S. Environmental Protection Agency (EPA) it was wrong to conclude that it lacked the authority to regulate greenhouse gases (GHGs) emitted from vehicles, because GHGs are an “air...more
In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more
On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more
Last year, we reported on President Barack Obama’s Climate Action Plan[1] (“Plan”) and his directive to the U.S. Environmental Protection Agency (“EPA”) to push forward with rulemaking to reduce carbon dioxide (“CO2”)...more
The Supreme Court affirmed EPA’s authority to subject 83% of greenhouse gas emissions to its PSD and Title V Operating Permit programs. However, EPA’s rationale for the rule did not fare so well, and EPA does not have...more
Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more
The U.S. Supreme Court has delivered a stunner with its decision this morning in Utility Air Regulatory Group v. Environmental Protection Agency. The Supreme Court has curtailed the U.S. Environmental Protection Agency’s...more
The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more
Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees. The public comment period will soon close on May 9, 2014 for the Environmental...more