West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
Jones Day Talks: Developments in Germany's Wind Power Regulations
REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
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
This post is the second in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule on requirements governing disposal of coal combustion residuals at inactive...more
EPA is attempting to use the Clean Air Act (CAA) to immediately shut down a Louisiana manufacturer that is indisputably in compliance with the emissions limits in its state issued air permit. In its emergency request to a...more
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
On May 11, 2023, the U.S. Environmental Protection Agency issued a proposed rule promulgating greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants. The proposal, issued pursuant to Section 111 of the...more
On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more
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
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
Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more
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
On June 30, 2022, the Supreme Court held that the U. S. Environmental Protection Agency (EPA) does not have the authority under the Clean Air Act (CAA) to promulgate a program requiring power plants to shift away from coal to...more
On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more
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
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
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
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
West Virginia v. EPA, No. 20-1530; North American Coal Corp. v. EPA, No. 20-1531; Westmoreland Mining Holdings v. EPA, No. 20-1778; North Dakota v. EPA, No. 20-1780: In four consolidated cases, the Court agreed to review the...more
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
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
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
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
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
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued an October 23rd decision in regards to a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”)...more
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