News & Analysis as of

Coal-Fired Plants

Currents - Energy Industry Insights - October 2017 #4

EPA to Restrict Scientific Advisers Who Get Agency Grants - "Pruitt did not say how restrictive the policy would be. But it has the potential to greatly reduce the body of expert scientists who could serve on the boards...more

Currents - Energy Industry Insights - October 2017 #3

Department of Interior Rescinds OSM Enforcement Policies - On October 12, 2017, the Department of the Interior ("DOI") withdrew two prior Office of Surface Mining ("OSM") policies affecting mining operations. DOI rescinded...more

EPA Publishes Guidance for State CCR Permitting Programs

by Williams Mullen on

In April, 2015, EPA published in the Federal Register a final rule regulating the management and disposal of coal combustion residuals (CCR), commonly known as coal ash, from coal-fired power plants. Among other things, the...more

Currents - Energy Industry Insights - September 2017

Groundbreaking Held for New Methanol Plant in Kanawha County, West Virginia - "US Methanol expects it will open its first American facility, Liberty One, in mid-2018, which will be capable of producing 200,000 metric tons...more

Currents - Energy Industry Insights - August 2017#2

This is our second installment of Currents - our weekly energy news e-blast where we deliver the week's top energy news stories and our synopsis of why those stories are important from a legal perspective. - Appeals Court...more

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Coal Plant Shutdowns: The Tax Appeal Should Not Wait

by McCarter & English, LLP on

Nothing is certain except death and taxes, unless you own a coal-fired power plant with a shutdown in its future, in which case – with apologies to Ben Franklin – we would also add the certainty of a property tax appeal. Host...more

Economic Conditions, Not Environmental Regulation, to Shutter Arizona Coal Plant 25 Years Sooner Than Expected

by Snell & Wilmer on

In a demonstration that not all regulations solve the problems they were intended to, and a testament to the power of market conditions, owners of the controversial Navajo Generating Station (NGS) power plant near Lake Powell...more

Coal Plant Shutdowns: Operators Should Implement Their Document Retention Policies And Protect Against Future Asbestos Claims

by McCarter & English, LLP on

As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills....more

Coal Plant Shutdowns: Taking Steps to Control the Reopener

by McCarter & English, LLP on

Operators shutting down coal-fired plants would be wise to plan ahead for potential future remediation obligations – aka the “reopener.” Predicting these obligations may be quite difficult, but operators can implement...more

EPA Must Consider Regulatory Impacts on Coal/Utility Industry Jobs and Plant Closure

by Snell & Wilmer on

On October 17, 2016, the U.S. District Court for the Northern District of West Virginia granted summary judgment to Murray Energy Corporation and its subsidiary coal companies, including UtahAmerican Energy, Inc. The decision...more

World Energy Council Issues New Report on Cyber Risk

Because cyber risk presents a “unique concern” in the energy sector, the World Energy Council has issued a new report entitled “The Road to Resilience: Managing Cyber risks,” to its industry leaders....more

District Court Rules Against an Illinois Power Plant in CAA Citizen Suit, Rejecting Three Defenses to Liability

In the case of National Resources Defense Council , et al. , v. Illinois Power Resources, LLC and Illinois Power Resources Generating, LLC, decided August 23, 2016, the United States District Court for the Central of District...more

Mercury Rule Moves Forward

by Williams Mullen on

The federal lawsuit filed by twenty-three states challenging EPA’s Mercury and Air Toxics Standards (MATS) is in the 8th inning, and things are not looking good for the challengers. Some background is appropriate....more

California Environmental Law & Policy Update - June 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Supreme Court rejects new challenge to EPA’s air pollution rule - The Hill - Jun 13 - The Supreme Court on Monday declined to consider a third request from a group of states to...more

China Ramps Up Renewables

by Latham & Watkins LLP on

China has made notable strides to transition towards a lower-carbon economy. Most recently, local authorities were ordered to halt construction of coal-fired power plants in 13 provinces where capacity already outstrips...more

Navigating the Green Bonds markets in China

by Reed Smith on

China’s climate change objectives under the Paris Agreement will require it to invest a massive amount of capital into growing its domestic renewable energy generation, as well as invest in other emissions-reducing efforts....more

Can Solar Reboot Your Coal-Fired Plant Site?

by McCarter & English, LLP on

The future of coal-fired plants is not bright. With regulations weighing on them, many plant operators are powering down and asking themselves what’s next for their sites. Solar offers viable options for reusing a plant site....more

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

Electric Utility Securitizations—Plant Closings

Given the significant number of nuclear plants (approaching 20) and coal-fired plants (approaching 400) that have been recently closed or designated for closing, or are at risk of closing, utilities not already considering...more

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

by McCarter & English, LLP on

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30...more

Renewable Energy Update - November 2015

by Allen Matkins on

Renewable Energy Focus - Large-scale renewables account for more than 60% of new energy capacity in the U.S. - CleanTechnica - Oct 28: Recent figures reveal that utility-scale renewable energy projects accounted for more...more

EPA Officially Commences Unprecedented Regulation of Power Plants, Threatening Grid Reliability - Litigation Ensues

by Jackson Walker on

On October 23, 2015, the Environmental Protection Agency (EPA) published in the Federal Register its new rules to limit emissions from power plants. The most significant rule limits CO2 emissions from existing power plants....more

EPA Updates Effluent Limitations Guidelines and Standards For Steam Electric Generating Facilities – It’s Only Been 33 Years

On September 30, EPA released its long-awaited (long-feared?) final rule governing wastewater discharges from steam electric generating facilities. The trade press is presenting the rule as a victory for environmentalists...more

BREAKING NEWS: Xcel Energy Announces Commitment to Cease Coal-Fired Operations at Sherco Units 1 and 2

by Stoel Rives LLP on

Xcel Energy announced this afternoon its intent to cease coal-fired generation at Sherco Units 1 and 2 in 2026 and 2023, respectively, while adding 1,200 MW of new renewable sources (800 MW of wind and 400 MW of solar) by...more

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