West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
In 2015, EPA proposed a rule requiring states to develop plans to cut CO2 emissions from the power sector—the Clean Power Plan (“CPP”). EPA explained the rule would result in “significant emission reductions” for that sector,...more
The Québec government is proposing to bring many changes to the legislative and regulatory landscape governing the energy sector in Québec, including the Act respecting the Régie de l'énergie and the Hydro-Québec Act...more
Asia is at the forefront of the global challenge to balance economic development, climate adaptation and mitigation, and energy security. The region is diverse, dynamic and pragmatic, facing both the risks and opportunities...more
The UAE published its long-awaited hydrogen strategy last week, aiming to outline the key steps needed to position the UAE as a top global producer of low carbon hydrogen by 2031 and to support the UAE’s announced target of...more
On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more
Domestic Nuclear Power Advancement: Barriers to Entry and the Need for a National Strategy - As previously reported on this site, nuclear generation development has taken hold as a potential promise for a long-term,...more
On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...more
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
Title IX practitioners are accustomed to thinking that EPA means “education program or activity,” but this time we mean the actual federal agency charged with environmental regulations. West Virginia v. Environmental...more
The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more
On June 30, the US Supreme Court (the Court) issued a key ruling in West Virginia v. EPA that limits the powers of the Environmental Protection Agency (the EPA) to regulate greenhouse gas emissions without explicit...more
On Friday, June 30, the U.S. Supreme Court issued its opinion in West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more
Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more
After seven years, three presidential administrations, and two appearances before the Supreme Court, the Obama Administration’s “Clean Power Plan” (“CPP”)—a Clean Air Act regulation designed to limit carbon emissions from...more
Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more
In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more
On June 30, 2022, the U.S. Supreme Court decided West Virginia v. Environmental Protection Agency, No. 20-1530, holding that the Environmental Protection Agency does not have the authority to require existing coal-fired power...more
On February 14, 2022, the federal government announced the launch of the Output-Based Pricing System Proceeds Fund (the OBPS Proceeds Fund), which will aggregate the proceeds received by virtue of the federal Output-Based...more
On October 29, 2021, shortly before the 2021 United Nations Climate Change Conference (COP 26), Indonesia issued Presidential Regulation No. 98 of 2021 on the Implementation of Carbon Economic Value to Achieve Nationally...more
This is the second in a series of Quarles & Brady client alerts concerning the approximately 1,000-page Illinois omnibus energy legislation commonly referred to as The Climate and Equitable Jobs Act (CEJA). ...more
As the country, policymakers and industry focus on reducing greenhouse gas (GHG) emissions, carbon capture use and sequestration (CCUS) has become an important piece of the solution. CCUS is capturing carbon dioxide (CO2)...more