News & Analysis as of

Environmental Protection Agency (EPA) Clean Power Plan Carbon Emissions

Spilman Thomas & Battle, PLLC

Pennsylvania and RGGI – Decision and Resolution

On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more

Beveridge & Diamond PC

EPA Proposes New Rule Strictly Limiting Greenhouse Gas Emissions from the Nation’s Fossil Fuel Power Plants

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On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...more

Troutman Pepper

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

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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

Jones Day

EPA Proposes New Carbon Pollution Standards for Fossil Fuel-Fired Power Plants

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The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more

Latham & Watkins LLP

5 Things to Know About EPA’s Proposed Power Plant CO2 Emissions Rule

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EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more

Beveridge & Diamond PC

New Climate Rule Aimed to Cut Power Plant Emissions by 2040

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Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

TNG Consulting

What Does a Case About the EPA Have to Do With Title IX?

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Title IX practitioners are accustomed to thinking that EPA means “education program or activity,” but this time we mean the actual federal agency charged with environmental regulations. West Virginia v. Environmental...more

Jackson Lewis P.C.

U.S. Supreme Court’s Decision Curtailing Regulators May Raise ‘Major Questions’ for Employers

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The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more

A&O Shearman

U.S. Supreme Court limits EPA’s regulation of climate change pollution

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On June 30, the US Supreme Court (the Court) issued a key ruling in West Virginia v. EPA that limits the powers of the Environmental Protection Agency (the EPA) to regulate greenhouse gas emissions without explicit...more

Schwabe, Williamson & Wyatt PC

The Clean Power Plan Update

On Friday, June 30, the U.S. Supreme Court issued its opinion in  West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more

Blank Rome LLP

Supreme Court Limits EPA’s Authority under the Clean Air Act

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After seven years, three presidential administrations, and two appearances before the Supreme Court, the Obama Administration’s “Clean Power Plan” (“CPP”)—a Clean Air Act regulation designed to limit carbon emissions from...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

Kelley Drye & Warren LLP

The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides West Virginia v. Environmental Protection Agency

On June 30, 2022, the U.S. Supreme Court decided West Virginia v. Environmental Protection Agency, No. 20-1530, holding that the Environmental Protection Agency does not have the authority to require existing coal-fired power...more

Brownstein Hyatt Farber Schreck

The Gaining Momentum Surrounding Carbon Capture Use and Sequestration: Overcoming Legal and Regulatory Hurdles

As the country, policymakers and industry focus on reducing greenhouse gas (GHG) emissions, carbon capture use and sequestration (CCUS) has become an important piece of the solution. CCUS is capturing carbon dioxide (CO2)...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

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

Beveridge & Diamond PC

D.C. Circuit Vacates Trump ACE Rule: What’s Next for Power Plant CO2 Regulation?

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more

Vinson & Elkins LLP

The EPA’s Clean Power Plan Is Only Mostly Dead

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The Obama administration’s Clean Power Plan (“CPP”) — an unprecedented use of the Clean Air Act to regulate greenhouse gas (“GHG”) emissions from power plants — is only “mostly dead” and could soon spring back to life. Yes,...more

K&L Gates LLP

Carbon Quarterly - Volume 1

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The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

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

U.S. Environmental Protection Agency Affordable Clean Energy Rule: October 31st Arkansas Department of Environmental Quality...

The Arkansas Department of Environmental Quality (“ADEQ”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on its proposed rule: Emission Guidelines for Greenhouse Gas Emissions...more

Williams Mullen

Affordable Clean Energy Rule: Industry Urges EPA to Provide More Guidance to States

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Comments filed by the October 31 deadline show that industry overwhelmingly supports EPA’s proposed Affordable Clean Energy (ACE) rule. The ACE rule will regulate carbon dioxide (CO2) emissions from power plants and replace...more

Jones Day

The Climate Report Fall 2018

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Climate Change Regulatory Issues & Updates - Comment Period Ending on EPA's Affordable Clean Energy Proposal - A 60-day public comment period on the Affordable Clean Energy rule to replace the Obama Administration's...more

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