News & Analysis as of

Energy Sector Clean Air Act Power Plants

Saul Ewing LLP

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

Saul Ewing LLP on

The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

WilmerHale on

The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Foley Hoag LLP - Environmental Law

EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years

After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more

Morgan Lewis

EPA Issues ‘Good Neighbor’ Plan Addressing Interstate Transport Obligations

Morgan Lewis on

A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more

Brownstein Hyatt Farber Schreck

The Supreme Court Overturns the Clean Power Plan—Analysis and Key Takeaways

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

(ACOEL) | American College of Environmental...

Improving EPA's Latest Ozone Transport Rule

EPA’s latest proposed rule targeting NOx emissions from fossil-fueled electric generating units (EGUs) is a classic study of diminishing returns. It marks the seventh round of NOx controls for the EGU sector since 1990. The...more

Beveridge & Diamond PC

U.S. Supreme Court Agrees to Review Scope of EPA Authority over Power Plant Greenhouse Gas Emissions

Beveridge & Diamond PC on

On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more

Snell & Wilmer

Supreme Court Grants Cert On GHG Regulation Of Power Plants

Snell & Wilmer on

On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American Lung...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights, Volume 5, Issue 18

Welcome to Volume 5, Issue 18 of Currents. As always, we cover the gamut of hot topics in the energy industry. In this edition, we provide insights on issues at the local, state and federal levels, as well as international...more

(ACOEL) | American College of Environmental...

The Clean Power Plan Is Dead. Long Live The Clean Power Plan!

The Obama administration adopted the Clean Power Plan to reduce power sector greenhouse gas emissions in line with its commitments under the Paris Agreement climate accord. The Clean Power Plan invoked Clean Air Act §...more

Jones Day

D.C. Circuit Overturns Trump Administration Power Plant Rule

Jones Day on

In 2015, the U.S. Environmental Protection Agency ("EPA") adopted the Clean Power Plan ("CPP") pursuant to Clean Air Act ("CAA") Section 111. The CPP set out guidelines to help states develop individual plans to limit carbon...more

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

Regional Haze/Utah: U.S. Environmental Protection Agency Announces Approval of Revisions to State Implementation Plan

The United States Environmental Protection Agency (“EPA”) announced in the January 22, 2020 Federal Register that it was proposing to approve revisions to the State of Utah’s plan for addressing regional haze. The proposed...more

Stoel Rives - Renewable + Law

States Split over Clean Power Plan and Affordable Clean Energy Rule

A coalition of more than 25 states, including Minnesota as of last week, and various cities have petitioned the U.S. Court of Appeals for the District of Columbia for review of the Trump administration’s promulgation of the...more

Beveridge & Diamond PC

Carbon Markets Roundup August 2019

Beveridge & Diamond PC on

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas emissions. This edition of Carbon Markets...more

Opportune LLP

In With ACE, Out With the Clean Power Plan: Will New Trump Rule Save Coal?

Opportune LLP on

On June 19, 2019, the U.S. Environmental Protection Agency (EPA) issued the final “Affordable Clean Energy” (“ACE”) rule to replace the Obama-era Clean Power Plan (“CPP”), which was suspended by the U.S. Supreme Court after...more

Williams Mullen

Trump EPA Finally Rolls Back Clean Power Plan

Williams Mullen on

The EPA released the final Affordable Clean Energy (ACE) rule fulfilling the President’s promise to repeal the Obama EPA’s Clean Power Plan (CPP).  In addition to repealing the CPP, the ACE rule replaces the CPP....more

Burr & Forman

EPA Proposes Revising Mercury and Air Toxics Standards for Power Plants

Burr & Forman on

On December 27, EPA proposed to revise the cost finding associated with the Mercury and Air Toxics Standards (MATS) along with the risk and technology review required by the Clean Air Act. (EPA Announcement)....more

Jones Day

EPA Offers ACE Rule to Trump Clean Power Plan

Jones Day on

Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more

Akin Gump Strauss Hauer & Feld LLP

EPA Proposes Replacement for Clean Power Plan

On Tuesday, August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced its Affordable Clean Energy (ACE) Rule, a proposal to replace the Clean Power Plan issued in 2015. EPA Acting Administrator Andrew Wheeler...more

Williams Mullen

Clean Air Act New Source Review in 2018: Re-thinking Your Strategy for Compliance

Williams Mullen on

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2018 #2

U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more

Jones Day

EPA Memo Signals Plant Improvement Opportunities

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

Kelley Drye & Warren LLP

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

Kelley Drye & Warren LLP on

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...more

Seyfarth Shaw LLP

Energy Insights: An Update from the Third Quarter of 2015

Seyfarth Shaw LLP on

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Denies Motion of 15 States to Stay Deadlines for CPP Compliance

On September 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency petition filed by 15 states that sought an immediate stay of certain deadlines in the Environmental Protection Agency’s...more

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