News & Analysis as of

Power Plants Environmental Protection Agency (EPA) Utilities Sector

Mitchell, Williams, Selig, Gates & Woodyard,...

Mercury/Air Toxics Standards NESHAP for Coal and Oil-Fired Electric Utility Steam Generating Units: National Rural Electric...

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

Pillsbury - Gravel2Gavel Construction & Real...

The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - February 2020 #4

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

Allen Matkins

Renewable Energy Update - September 2019 #3

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals: U.S. Environmental Protection Agency Proposed Rule

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Advance Notice of Proposed Rulemaking/State Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating...

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

McCarter & English, LLP

EPA Clean Power Plan Considerations: Wheeling Renewable Power

McCarter & English, LLP on

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

K&L Gates LLP

EPA’s Clean Power Plan: A Regional Analysis

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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

BakerHostetler

Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

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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

Burr & Forman

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

Burr & Forman on

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

Allen Matkins

California Environmental Law and Policy Update

Allen Matkins on

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

Moore & Van Allen PLLC

EPA & SCOTUS on GHG: EPA’s Proposed Rule on Emissions for Existing Sources Published for Comment & U.S. Supreme Court Makes a...

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

Moore & Van Allen PLLC

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

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

Bergeson & Campbell, P.C.

Supreme Court Affirms EPA’s Power To Regulate Carbon Dioxide Under The Clean Air Act

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

Dorsey & Whitney LLP

Supreme Court Invalidates EPA’s Greenhouse Gas Tailoring Rule: What Now If You Own or Operate a Large Stationary Source of...

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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

Allen Matkins

Supreme Court Upholds EPA's Power to Regulate Greenhouse Gas Emissions From Large Stationary Sources – But Scolds EPA For...

Allen Matkins on

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

K&L Gates LLP

Supreme Court “Not Willing to Stand on the Dock and Wave Goodbye” as EPA Explores How It Can Regulate Greenhouse Gases from Every...

K&L Gates LLP on

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

Perkins Coie

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

Perkins Coie on

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

BakerHostetler

Highlights of the UARG v. EPA Decision

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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

K&L Gates LLP

EPA Proposes Major Reductions in Greenhouse Gas Emissions from Existing Power Plants Affecting Everyone Who Produces and Uses...

K&L Gates LLP on

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

Foley Hoag LLP - Environmental Law

83% of a Loaf Is Better Than None: The Supreme Court Affirms EPA’s Authority to Regulate “Anyway Sources”, But Rejects Regulation...

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

Morrison & Foerster LLP

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

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

Stoel Rives LLP

Supreme Court Rolls Back EPA's Regulation of Greenhouse Gases in Utility Air Regulatory Group Decision

Stoel Rives LLP on

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

Blank Rome LLP

EPA Up 3-0 in Clean Air Cases: What it Means for Greenhouse Gas Regulations

Blank Rome LLP on

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

Latham & Watkins LLP

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

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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

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