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Troutman Sanders LLP: EPA Issues Strict New Cross-State Air Pollution Rule for Power Plants

On July 7, 2011, the U.S. Environmental Protection Agency ("EPA") issued new rules requiring power plants in 27 eastern, mid-western, and southern states to cut emissions of nitrogen oxide by 54% and sulfur dioxide by 73% from 2005 levels by the time the rules take full effect in 2014. The...

Babst Calland: Proposed EPA Rules Governing Air Emissions Would Impact Oil, Gas Industry

On August 23rd, the United States Environmental Protection Agency (EPA) published a package of proposed rules governing air emissions from the oil and natural gas industry, which includes the EPA's first air standards targeting emissions from gas wells drilled by hydraulic fracturing. 76 Fed. Reg...

Steptoe & Johnson PLLC: EPA Establishes Mercury and Air Toxics Standards for Power Plants

By James J. A. Mulhall The United States Environmental Protection Agency (EPA) recently established national standards that will impact certain emissions from power plants. EPA's Mercury and Air Toxics Standards (MATS) relate to permissible limits of mercury and other emissions that include...

Cadwalader Friends & Clients Memo: EPA Proposes CO2 Emissions Standards for New Fossil Fuel-Fired Power Generators

By Gregory Lawrence , Athena Eastwood , Joseph Williams and Tory Lauterbach On March 27, 2012 the Environmental Protection Agency ("EPA") submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for new...

Steptoe & Johnson PLLC: Court Reverses EPA Decision to Aggregate Air Sources from Natural Gas Operations

By Armando Benincasa In an important decision on August 7th related to the aggregation of air emissions in the oil and gas industry, the 6th Circuit Court of Appeals reversed a decision by the United States Environmental Protection Agency [EPA] which would have required Summit Petroleum Corporation...

Babst Calland: Plain Meaning Prevails - 6th Circuit Overturns EPA's Single Source Determination. What's EPA's Next Step?

On August 7, 2012, the U.S. Court of Appeals for the Sixth Circuit published a decision that appears to be a victory in terms of how permitting authorities must decide which air permitting requirements apply to the oil and gas industry. However, a closer look at the Sixth Circuit's decision suggests...

DLA Piper Climate Change Alert: EPA Announces Carbon Regulations For Existing Power Plants

By Deborah E. Jennings , Andrew B. Schatz and Catherine B. Campbell The Environmental Protection Agency has announced long-awaited regulations to reduce carbon-dioxide (CO 2 ) emissions from existing power plants pursuant to the Clean Air Act. EPA's Clean Power Plan would for the first time establish...

Williams Mullen: Supreme Court Ruling on EPA Mercury Rule: Utilities Win the Battle, But Lose the War

By Jessica J.O. King The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards the emissions pose to human health. EPA conducted the...