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
Welcome to the eighth 2024 issue of Currents - our e-newsletter focused on energy topics. Is Nuclear the Panacea to Data Center Load Growth? Per public data, after years of relatively flat load growth around the...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
The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and...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 requires existing coal-fired power plants that plan to operate beyond 2039 and large new gas-fired power plants to achieve 90% reductions in GHG emissions by 2032....more
EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration. On April 25, 2024, the US...more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more
On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more
The United States Environmental Protection Agency (“EPA”) published on February 15th a final rule reaffirming its decision that it remains appropriate and necessary to regulate hazardous air pollutants (“HAP”) from power...more
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
In 2013, President Obama issued a memorandum directing EPA to develop limits on carbon emissions from new power plants. EPA did as the President asked when it promulgated a final rule this past October establishing new...more
EPA recently issued a final rule setting new Effluent Limitation Guidelines and Standards for the Steam Electric Power Generating Point Source Category. According to EPA, while the electric power industry has made...more
The Clean Power Plan final rule, proposed Federal Plan and carbon pollution standards for new, modified and reconstructed (existing) power plants were published in the Federal Register on October 23, 2015 — weeks after its...more
At its October 2015 meeting, the Federal Energy Regulatory Commission ("FERC") issued Order No. 816, a final rule adopting proposals to update its market-based rate program. In addition, FERC denied rehearing and granted...more
On September 30, 2015, the EPA finalized a revision to its wastewater effluent standards for power plants. The new regulation (which takes effect sixty days after Federal Register publication of the revision) updates a 1982...more
The final rule, touted by EPA as eliminating environmental impacts and cancer risks, substantively changes longstanding regulations regarding steam electric power plants. On September 30, the US Environmental Protection...more
Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of...more
The Obama Administration’s final Clean Power Plan (CPP) is an attempt to curb climate change and, at the same time, will create a new pipeline of opportunities for developers, sellers and purchasers of renewable energy (RE)....more
On August 3, 2015, the Environmental Protection Agency (EPA) issued the “Clean Power Plan” (CPP). The much-anticipated final rule establishes limits on carbon (CO2) emissions from existing fossil-fuel electric generating...more
Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more
Although legal hurdles remain, EPA’s Clean Power Plan envisions sweeping changes to the electricity generation sector designed to mitigate climate change concerns through reduction of carbon dioxide emissions by 2030, and it...more
Energy and Climate Debate - Energy and climate issues have had a big week, with the Senate Energy and Natural Resources Committee approving its bipartisan broad energy package and President Obama unveiling the final...more
Responding to over 4 million comments received on its June 2014 proposed rule, the United States Environmental Protection Agency (EPA) has made changes to its controversial plan to regulate carbon dioxide (CO2) emissions from...more
President Obama unveiled the final Clean Power Plan (CPP) this past weekend – the first ever national standard to address CO2 pollution from power plants. The CPP sets strong standards to reduce carbon dioxide emissions by...more
Today EPA released its final Clean Power Plan, its first-ever regulations aimed at reducing carbon pollution from electric power plants. The final rule contains several significant changes from the proposed rule that was...more