On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
4/30/2024
/ Air Pollution ,
Biden Administration ,
Climate Action Plan ,
Climate Change ,
Coal Industry ,
Electric Generation Suppliers ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
NESHAP ,
Oil & Gas ,
Pollution Control ,
Regulatory Reform ,
Wastewater
In its June 27, 2023, Mallory v. Norfolk Southern Railway Co. decision, the U.S. Supreme Court held that a corporate defendant can be sued in Pennsylvania — regardless of whether the cause of action accrues in Pennsylvania or...more
7/12/2023
/ Business Litigation ,
Cause of Action Accrual ,
Commerce Clause ,
Due Process ,
Foreign Corporations ,
Fourteenth Amendment ,
General Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Principal Place of Business ,
SCOTUS
The Supreme Court clarified the scope of the Waters of the United States (WOTUS) rule in a long-awaited decision regarding which wetlands are subject to Section 404 of the Clean Water Act (CWA). Declining to exercise...more
5/31/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
7/7/2022
/ Air Pollution ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more
This week, the U.S. Supreme Court issued its long-awaited opinion in County of Maui v. Hawaii Wildlife Fund, regarding whether the discharge of pollutants via groundwater requires a Clean Water Act (CWA) permit. This holding...more
4/25/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more
8/25/2019
/ Administrative Authority ,
Article I ,
Clean Water Act ,
Critical Infrastructure Sectors ,
Delegation of Discretion ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Legislative Agendas ,
Navigable Waters ,
Rulemaking Process ,
SCOTUS ,
Trump Administration ,
Waters of the United States
Expansion of Eligible Low Income Community Projects to Include Solar Projects -
The Environmental Protection Agency's Clean Energy Incentive Program (CEIP) allows participants to earn tradeable emissions credits for...more
8/4/2016
/ Clean Energy ,
Clean Power Plan ,
Energy Efficiency ,
Energy Projects ,
Energy Sector ,
Energy-Efficiency Tax Credits ,
Environmental Protection Agency (EPA) ,
Renewable Energy ,
Renewable Energy Incentives ,
Solar Energy ,
Utilities Sector
Several months ago, the 7th Circuit Court of Appeals upheld the Federal Energy Regulatory Commission's (FERC) order overriding contracts between the Midcontinent Independent System Operator (MISO) and incumbent utilities...more
On June 29, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) was wrong not to consider the cost of compliance when it decided to regulate mercury and other air toxic substances emitted from power...more