News & Analysis as of

Title V Power Plants

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

Title V/Clean Air Act: Borough of Jessup Appeal of Lackawanna County Power Plant Permit Before the Pennsylvania Environmental...

The Borough of Jessup (“Borough”) filed an Averments in Support of Notice of Appeal (“Appeal”) of a Clean Air Act Title V Operating Permit (“Title V Permit”) for Lackawanna Energy Center, LLC, (“LEC”). The Permit is...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition Objecting to Natural Gas-Fired Power Generating...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a May 10th Order responding to a Petition (“Petition”) requesting objection to the issuance of Title V Operating Permits for the Colton...more

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

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Burr & Forman

Supreme Court Upholds Greenhouse Gas Emmission Limits for Large Industries, but Implementation Questions Remain

Burr & Forman on

On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more

Allen Matkins

California Environmental Law and Policy Update

Allen Matkins on

Focus: Supreme Court upholds EPA's power to regulate greenhouse gas emissions from large stationary sources – but scolds EPA for overreaching in its regulatory approach - Allen Matkins - Jun 24: On...more

Moore & Van Allen PLLC

EPA & SCOTUS on GHG: EPA’s Proposed Rule on Emissions for Existing Sources Published for Comment & U.S. Supreme Court Makes a...

Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more

Moore & Van Allen PLLC

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

Bergeson & Campbell, P.C.

Supreme Court Affirms EPA’s Power To Regulate Carbon Dioxide Under The Clean Air Act

The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits...more

Allen Matkins

Supreme Court Upholds EPA's Power to Regulate Greenhouse Gas Emissions From Large Stationary Sources – But Scolds EPA For...

Allen Matkins on

On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v. Environmental Protection Agency partially invalidated and partially upheld U.S. Environmental Protection Agency ("EPA")...more

Perkins Coie

Supreme Court Strikes Down Part of EPA Greenhouse Gas Permit Rule but Leaves the Rule Mostly Intact

Perkins Coie on

In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more

BakerHostetler

Highlights of the UARG v. EPA Decision

BakerHostetler on

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

Foley Hoag LLP - Environmental Law

83% of a Loaf Is Better Than None: The Supreme Court Affirms EPA’s Authority to Regulate “Anyway Sources”, But Rejects Regulation...

The Supreme Court affirmed EPA’s authority to subject 83% of greenhouse gas emissions to its PSD and Title V Operating Permit programs. However, EPA’s rationale for the rule did not fare so well, and EPA does not have...more

Morrison & Foerster LLP

Supreme Court Rules Out Clean Air Act Permits for Stationary Sources Based on Greenhouse Gas Emissions…Unless You Are Getting a...

Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more

Stoel Rives LLP

Supreme Court Rolls Back EPA's Regulation of Greenhouse Gases in Utility Air Regulatory Group Decision

Stoel Rives LLP on

The U.S. Supreme Court has delivered a stunner with its decision this morning in Utility Air Regulatory Group v. Environmental Protection Agency. The Supreme Court has curtailed the U.S. Environmental Protection Agency’s...more

Latham & Watkins LLP

EPA’s Proposed Rule for New Power Plants Could Trigger Excessive Title V Permit Fees

Latham & Watkins LLP on

Proposed Greenhouse Gas Performance Standards for new power plants will have broader implications for Clean Air Act operating permit fees. The public comment period will soon close on May 9, 2014 for the Environmental...more

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