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
On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more
The U.S. Environmental Protection Agency (EPA or Agency) on May 23, 2023, published a new suite of proposed standards for coal- and gas-fired power plants that will limit greenhouse gas (GHG) emissions. The proposed rule...more
Appeals court halts ruling blocking Biden climate metric - The Hill - March 16 - The Fifth Circuit Court of Appeals on Wednesday halted a lower court’s ruling that prevented the Biden administration from factoring the...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
• A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. • The Clean Air Act requires that those regulations be binding on all entities subject to...more
In 2015, the U.S. Environmental Protection Agency announced the controversial “Clean Power Plan,” which was immediately the subject of a legal challenge and was subsequently stayed by the United States Supreme Court....more
The Arkansas Department of Environmental Quality (“ADEQ”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on its proposed rule: Emission Guidelines for Greenhouse Gas Emissions...more
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more
• The U.S. Environmental Protection Agency (EPA) has issued a proposed rule to reduce greenhouse gas (GHG) emissions from existing coal-fired power plants, a replacement for the Clean Power Plan (CPP) finalized by the Obama...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 Arkansas Department of Environmental Quality (“ADEQ”) announced on October 31st proposed revisions to the State’s Regional Haze State Implementation Plan (“SIP”)....more
On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more
On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) issued a report, "The DNA of the U.S. Regulatory System: Are We Getting It Right For Synthetic...more
EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act...more
On August 3, 2015, the Environmental Protection Agency (“EPA”) issued three separate but related actions to address carbon pollution from power plants: 1) the final Clean Power Plan, President Obama’s signature effort to...more
EPA has a lot to consider in finalizing its rule directing states to create programs to reduce greenhouse gas (GHG) emissions from fossil fuel fired electric generating units. The public comment period on a recently proposed...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
EPA's proposed rule is focused on limiting the carbon intensity of fossil fuel-fired power plants (commonly referred to as electric generating units or EGUs) by adopting goals to limit overall carbon dioxide (CO2)...more
On June 2, 2014, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its proposed rule on "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating...more
The Environmental Protection Agency proposed today CO2 standards for existing power plants under Section 111(d) of the Clean Air Act. The proposed rule would require the nation’s fleet of existing power plants to reduce CO2...more