News & Analysis as of

Environmental Protection Agency (EPA) Affordable Clean Energy (ACE) Rule Clean Air Act

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

Greenhouse Gas Standards/Guidelines for Fossil Fuel-Fired Power Plants: U.S. House of Representatives Committee on Energy and...

The U.S. House of Representatives Committee on Energy and Commerce Chair, along with two Subcommittee Chairs, sent a November 13th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan...more

Troutman Pepper

EPA’s New Carbon Standards for Power Plants Require Quick Decisions

Troutman Pepper on

EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more

Proskauer Rose LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions

Proskauer Rose LLP on

On June 30, 2022, the Supreme Court of the United States issued an important environmental ruling in West Virginia v. EPA, holding that while the United States Environmental Protection Agency (“EPA”) can regulate power plant...more

Holland & Hart LLP

The Future of Federal Agency Rulemakings After West Virginia v. Environmental Protection Agency

Holland & Hart LLP on

The US Supreme Court’s 6-3 decision in West Virginia v. EPA, 597 US ___ (2022), narrowly defined the scope of the Environmental Protection Agency’s (EPA) statutory authority to regulate greenhouse gas emissions from...more

ArentFox Schiff

Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”

ArentFox Schiff on

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...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

Mintz - Energy & Sustainability Viewpoints

DC Circuit Vacates Trump Administration’s Affordable Clean Energy Rule

On January 19, 2021 the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) vacated the Affordable Clean Energy Rule (the “ACE Rule”), a policy instituted by the Environmental Protection...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick...

This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more

K&L Gates LLP

D.C. Circuit Vacates Trump's ACE Rule and Deals Biden's EPA New Hand for Regulating Power Plant Greenhouse Gas Emissions

K&L Gates LLP on

On 19 January 2021, the eve of inauguration for the Biden Administration, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) struck down the Affordable Clean Energy Rule (ACE Rule)....more

Foley & Lardner LLP

A New Agenda: Significant Changes in U.S. Environmental Policy Are Expected in 2021

Foley & Lardner LLP on

Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Shumaker, Loop & Kendrick, LLP

Environmental Update - November 2019 (Issue 8)

ANNOUNCEMENTS - Air - Stakeholder Input Requested on Potential New Rules - Affordable Clean Energy (ACE) Program Rules: Ohio EPA is requesting stakeholder input on potential new rules in the Ohio Administrative Code...more

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

Affordable Clean Air Energy Rule/Clean Air Act: U.S. Environmental Protection Agency Issues Final Rule

The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more

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