News & Analysis as of

Energy Sector Clean Air Act

EPA Memo Signals Plant Improvement Opportunities

by Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

The Climate Report - Fall 2017

by Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

EPA Issues Final Report re: Development of Domestic Energy Resources

In compliance with the March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth (EO 13783), the Environmental Protection Agency (EPA) has released its Final Report on Review of Agency...more

Trump Track: EPA Moves on its Plan to Repeal [and Eventually Replace?] the Clean Power Plan

by Davis Wright Tremaine LLP on

On October 10, 2017, EPA announced it is taking steps to repeal the Clean Power Plan (CPP), regulations put in place in 2015 which requires existing power plants to roll back their CO2 emissions by 2030. EPA is taking the...more

DOE’s Grid Resiliency Pricing Rule Offers Hope for Nearly Extinct Coal, Nuclear Plants

by Holland & Knight LLP on

The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

by Sullivan & Worcester on

President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

EIB Energy Highlights: New FERC Chair, Offshore Drilling-NC Says “No,” Atlantic Coast Pipeline EIS, Clean Air & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

EPA’s Issuance of a 90-Day Stay of the New Methane Rule Was Unlawful

On July 3, the U.S. Court of Appeals for the District of Columbia held, in a 2 to 1 decision, that the Environmental Protection Agency (EPA) lacked authority under the Clean Air Act (CAA) to issue a temporary stay of its new...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Committee hearing on the nominations of Kristine Svinicki to be a member of the U.S. Nuclear Regulatory Commission; Annie Caputo to be a member of the U.S. Nuclear Regulatory Commission;...more

The Uncertain Future of the Renewable Fuel Standard: Litigation and Regulatory Change in the New Administration

by Latham & Watkins LLP on

The new Administration faces consequential near-term court decisions and policy choices as it charts a future course for the RFS. ..The outcome of pending court challenges to the 2014-2016 RFS Rule will be consequential,...more

Executive Order Reverses Key Aspects of Obama’s Climate Action Plan

Yesterday the White House released its highly anticipated Energy Independence Executive Order (EO). The EO signals the White House’s fulfillment of a campaign promise—to roll back the various elements of the Climate Action...more

Climate Change Will Increase Peak Energy Demand By More Than We Thought: More Storage, Perhaps?

In an interesting study just published in the Proceedings of the National Academy of Sciences, the authors predict that climate change will have a more significant impact on peak energy demand than had previously been...more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

2017 Regulatory Policy Forecast: Environmental & Energy Policy

by Balch & Bingham LLP on

ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A...more

Trump Wins; Pruitt Nominated for EPA Administrator – What’s Next for Environmental Regulation?

by Williams Mullen on

There’s a new sheriff in town. Donald Trump’s election as President is likely to lead to significant changes in environmental regulation for American businesses. Some changes can (and will) take place very quickly, with the...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

by Dentons on

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

Nasi joins Texas and West Virginia attorney generals at TPPF event about Clean Power Plan

by Jackson Walker on

Mike Nasi, partner in our Austin office, joined Texas Attorney General Ken Paxton and West Virginia Attorney General Patrick Morrissey at a Texas Public Policy Foundation (TPPF) event to discuss the Clean Power Plan rules in...more

EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More

by Moore & Van Allen PLLC on

Natural Gas - Natural Gas Outlook: U.S. On Track to be Net Exporter Q2 2017: Natural gas production and consumption are expected to rise this year due to increases in natural gas prices and LNG exports, as well as...more

A double defeat for EPA on regional haze regulations

by Jackson Walker on

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

A Coal Plant Shutdown and the Undoing of a Wind Energy Bottleneck

Everyone knows the transmission bottleneck is the boot on the neck of wind energy. The Plains States have megawatts of wind energy. Getting it to the places with megawatts of demand, like Oregon and Washington, aye, there’s...more

Minnesota May Not Prohibit Power Sales That Would Increase Statewide CO2 Emissions. Why Not? Pick Your Reason.

If you needed any further proof that energy law is very complicated, Wednesday’s decision in North Dakota v. Heydinger should convince you. The judgment is simple – the 8th Circuit Court of Appeals struck down a Minnesota...more

EPA Doubles Down with Expansive New Methane Regulation

The Obama administration took two major steps in implementing its comprehensive climate change strategy this month, setting first-ever methane emissions standards for new, reconstructed and modified sources and simultaneously...more

Eighth Circuit Panel Rules Minnesota Climate Change Law Unconstitutional

by Stoel Rives LLP on

Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional. In so doing, the Court affirmed...more

Air Emissions Regulated Under RCRA?

by Burr & Forman on

Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal...more

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