News & Analysis as of

Coal Environmental Protection Agency (EPA)

(ACOEL) | American College of Environmental...

The Rise and Decline of Coal Mining Jobs, 1970-2022

Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and...more

Allen Matkins

California Environmental Law & Policy Update 1.26.24

Allen Matkins on

A California appellate panel has handed environmental and community groups a legal victory in their decades-long dispute with the Port of Los Angeles over its failure to enforce air pollution controls at China Shipping's...more

Foley Hoag LLP - Environmental Law

Another Study Regarding the Health Impacts of PM Emissions From Power Plants: What Impact Will It Have On Regulation and...

An article in Science published last week indicates that the mortality risk from exposure to PM2.5 from coal-fired electric generating units is roughly twice as high as the risk posed by PM2.5 from other sources.  According...more

Burr & Forman

Alabama Pushes Back on EPA Proposed CCR Program Denial

Burr & Forman on

In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabama’s permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Uncovered Railcars Transporting Coal/Clean Water Act: Environmental Organizations Submit Petition to U.S. Environmental Protection...

The Sierra Club and a number of other environmental organizations submitted to the United States Environmental Protection Agency (“EPA”) on September 26th Petition for Rulemaking (“Petition”) styled: To Establish...more

Goldberg Segalla

Oregon’s Multnomah County Sues Fossil Fuel Companies Seeking $50M for Purported “Heat Dome” Heatwaves

Goldberg Segalla on

Oregon’s most populous county, and home to Portland, sued more than a dozen oil, gas, and coal companies for over $50 million in damages related to a 2021 “heat dome” the county alleges was caused by the defendants’...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mercury/Air Toxics Standard NESHAP for Coal and Oil-Fired Electric Utility Steam Generating Units: National Association of Clean...

The National Association of Clean Air Agencies (“NACAA”) submitted June 22nd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for Hazardous...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residual Enforcement/Coal Combustion Residual Ponds: Illinois Attorney General and Owner of Inactive Illinois...

The Illinois Attorney General (“AG”) and Dynergy Midwest Generation LLC (“Dynergy”) entered into a June 9th Consent Order (“CO”) addressing alleged violations associated with three coal combustion residual (“CCR”) ponds. ...more

Smith Gambrell Russell

OMB Clears Hurdle for Regulation of Coal Ash Landfills

Smith Gambrell Russell on

On May 4, 2023, the Office of Management and Budget (OMB) approved the EPA’s proposed new rule to regulate landfills containing coal combustion residuals (CCR). The new rule would close a regulatory gap left open by the EPA’s...more

Jenner & Block

Client Alert: In a Choose Your Own Adventure-Approach, EPA Proposes Greenhouse Gas Emissions Standards for New and Existing Power...

Jenner & Block on

Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...more

Houston Harbaugh, P.C.

Regulating Underground Injection Wells for Carbon Sequestration in Pennsylvania

If carbon in the atmosphere is a problem, and that atmospheric carbon resulted from burning fossil fuels like coal, oil and gas, then a simple solution is to remove the carbon from the atmosphere and to put it back into the...more

Goldberg Segalla

EPA Being Pushed Off the Fence on Coal Ash

Goldberg Segalla on

With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals Enforcement: U.S. Environmental Protection Agency and Tecumseh, Kansas Power Plant Operator Enter into...

The United States Environmental Protection Agency (“EPA”) issued a November 9th news release stating that it had reached a Settlement with Evergy Kansas Central Inc. (“Evergy”) to address alleged violations of the Coal...more

Smith Gambrell Russell

Environmentalists Sue EPA Over Regulation of “Inactive” Coal Ash Landfills

Smith Gambrell Russell on

Several environmental organizations have sued the U.S. EPA in an attempt to force the agency to revise its coal ash rules to include inactive, coal ash landfills. Currently inactive, coal ash landfills are exempt from the...more

Vinson & Elkins LLP

What Does the Supreme Court’s Recent Decision on Climate Regulation Mean for the Energy Industry?

Vinson & Elkins LLP on

The Supreme Court ended its 2021 term with a much-anticipated decision in West Virginia v. EPA.1 The 6-to-3 decision held that the Environmental Protection Agency (“EPA”) does not have the authority under Section 111(d) of...more

Akin Gump Strauss Hauer & Feld LLP

A Deeper Dive into CCR Impoundments: EPA’s Long-Awaited Demonstration Determinations

In 2015, the U.S. Environmental Protection Agency (EPA, or the “Agency”) promulgated national regulations governing the disposal of coal ash generated by coal-fired power plants, or coal combustion residuals (CCRs). Following...more

Foley Hoag LLP - Environmental Law

Another Nail In Coal’s Coffin

I’m not sure it’s even really news at this point, but earlier this week Ameren Missouri announced that it would close its Rush Island Energy Center generating plant early, rather than spend the money to install flue gas...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, Volume 5, Issue 28

China Risks Winter Energy Crunch - "China is at risk of the same energy-crunch chaos seen in Europe, with a state-run newspaper warning that coal-fired power plants will struggle to keep the lights on this winter." ...more

(ACOEL) | American College of Environmental...

We’re Number Three!

Texas is now the third state with an approved CCR permit program. On June 28, 2021, the Environmental Protection Agency published the approval of the Texas Commission on Environmental Quality’s partial State Coal Combustion...more

Holland & Hart LLP

Policy Review Heats Up Under New EPA Administrator Regan

Holland & Hart LLP on

The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Terminal Contract/Environmental Regulations: Federal Appellate Court Addresses Claims of Excused Performance Related to Coal...

The United States Court of Appeals, Eleventh Circuit (“Eleventh Circuit”), in a February 17th Opinion addressed a dispute involving a terminal contract with a minimum coal tonnage use provision. See Drummond Coal Sales Inc....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Normal Operation of Rail Cars in Transit/Applicability of Clean Water Act Discharge Prohibition: U.S. Surface Transportation Board...

The United States Surface Transportation Board (“STB”) issued a Decision on December 29th addressing a preemption issue related to the Clean Water Act. See Association of American Railroads – Petition for Declaratory Order,...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Volume 5, Issue 1 - January 2021

Welcome to our first issue of 2021! We have been publishing a weekly edition of Currents since 2017 and hope that you find it informative and helpful. Our goal for 2021 is the same -- provide access to interesting and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Electric Power/Petroleum and Coal Products Manufacturing/Chemical Manufacturing: U.S. Environmental Protection Agency Declination...

The United States Environmental Protection Agency (“EPA”) issued a Prepublication Notice on November 24th stating it would not issue final regulations for Comprehensive Environmental Response, Compensation and Liability Act...more

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