The Continuing Impact of Coal Ash - Energy Law Insights
Two recent actions by the United States Environmental Protection Agency (USEPA) show the Trump administration’s commitment to the coal industry and to redefine the landscape of electricity generation over the next decade. ...more
In late 2025, the Trump administration advanced measures that reset federal energy priorities. The headline moves expanded support for coal, canceled federal funding for offshore wind projects, and terminated more than $7.5...more
Let’s assume you own a 115 acre farm in Greene County. The farm has been in the family since the early 1900’s. You own both the oil and gas and the coal underlying the farm. In 1915, your great-grandfather entered into a...more
For over a century, the United States has implemented an overarching energy policy referred to academically as the Dominant Model. That traditional policy, developed over the bulk of the last century, has promoted four key...more
Data centers have generated unprecedented controversy across the country over the past two years, but have attracted the most attention in Virginia, North Carolina, and Ohio. Each of those states is currently experiencing a...more
The One Big Beautiful Bill Act, signed into law on July 4, 2025, has been acknowledged as a sweeping clean energy and industrial policy. Much of the attention has focused on wind, solar, and battery storage, but buried within...more
The US administration recently published its Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions, providing an overview of the federal regulatory priorities over the next several months. The agenda reflects the...more
On August 1, 2025, the United States District Court for the Eastern District of Texas denied the motions to dismiss filed by three asset managers. The complaint, brought by thirteen plaintiff states (Texas, Alabama, Arkansas,...more
Last fall, a coalition of eleven Republication attorneys-general filed an antitrust complaint against three major asset managers, alleging that the asset managers' adherence to climate-friendly principles--which discourage...more
On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”). The direct final...more
Volume 9, Issue 7 Welcome to our seventh issue of Currents 2025. In this issue, we look at the changing tides for coal, the new NEPA procedures, West Virginians desire for lower cost energy, southwestern Virginia's newest...more
In recent years, coal-fired generation has reduced significantly in relation to other energy generation. As recently as 2014, according to the Environmental and Energy Study Institute, coal produced 39 percent of electricity...more
On June 23, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-31. This notice includes lists of information that taxpayers may use to determine whether they meet certain requirements...more
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
The methodology outlines a three-step approach for obtaining credits: retirement of coal-fired power plants, generation of replacement renewable electricity, and assurance of a just transition....more
After 150 days in office, President Trump has signed executive orders on a pace of more than one per day. An emerging priority of the administration is increasing the use of federal land for resource production. This post...more
In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more
This report draws insights from Troutman Pepper Locke attorneys and leading industry specialists to highlight the private equity investment trends currently reshaping the sector. The findings provide a picture of where...more
Key Takeaways - - Pursuant to President Trump’s executive order seeking to maximize the secretary of energy’s emergency authority under Section 202(c) of the Federal Power Act, the secretary’s two new orders have halted the...more
As noted in this WSJ article, the Department of Justice and Federal Trade Commission recently raised concerns in a “joint statement of interest” that large asset managers – including the “Big Three” of BlackRock, Vanguard and...more
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more
Last week, the Trump Administration's FTC and DOJ (Antitrust Division) filed a statement of interest in support of a lawsuit filed last November by eleven Republican state attorneys-general against three major asset managers...more
Primarily through the issuance of executive orders, the Trump administration has taken a comprehensive approach across departments to promote the production and use of fossil fuels and critical minerals, and withdraw support...more
New Executive Orders and Proclamation - On April 8, 2025, President Donald J. Trump issued three significant executive orders (“EOs”) and a fourth proclamation consistent with his pledge to “Unleash American Energy.” These...more
The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption...more