Marten Law on National Parks Conservation Ass'n v. TVA: Federal District Court Ruling May Undercut Enforcement and Citizen Suit Challenges Aimed at Coal-Fired Power Plants

By Dustin Till, Associate, Marten Law Group PLLC “The recent opinion in National Parks Conservation Association v. TVA took the frequently contested question of what constitutes ‘routine’ maintenance of coal-fired power plants in a new direction” writes Dustin Till. “That...

Marten Law: EPA Proposes New Rules for Power Plant Emissions

By Dustin Till, Associate, Marten Law Group PLLC “A new rule proposed by the Environmental Protection Agency (EPA) would regulate emissions from coal-fired power plants in Eastern and Midwestern states. Known as the Transport Rule, EPA's proposed regulation replaces EPA's Clean Air...

EPA announces new air emission regulations for coal-fired power plants

Prior posts have noted the numerous studies that support the view that emissions from a variety of sources, including automobiles, trucks, and power plants, have an adverse impact on the health of those exposed to such emissions. It is also fairly certain that one significant source of mercury contamination...

Two Key Rulings Pending in Global Warming Suits

By John G. Nevius, Esq., P.E. On Tuesday, April 19, 2011, two separate oral arguments were held that will help determine the future of climate-change litigation - and whether and how insurance coverage is available to defend against certain climate-change claims. The first oral argument involved...

Evidence supports association between methylmercury exposure and adverse cardiovascular impacts

Traditionally, when one considers exposure to methylmercury, adverse impacts upon the brain and kidneys are foremost in any risk assessment. See, for example, http://www.atsdr.cdc.gov/toxfaqs/tf.asp?id=113&tid=24 . Given the state of the evidence, it would appear that this paradigm needs to be amended...

Let a thousand lawsuits bloom: The CAA is this week's favorite target

As noted in prior posts, EPA has proposed national standards for mercury and other toxic pollutant emissions from power plants. See http://www.epa.gov/airquality/powerplanttoxics/ . Now Guam and 25 states have filed a challenge to the regulations. The EPA is under court order to finalize the so-called...

Effects of New NOx RACT Rules

By Marc Karell, P.E., CEM, Principal, Climate Change & Environmental Services, LLC Virtually all states that have nonattainment areas for ozone have passed a rule called nitrogen oxide (NO x ) Reasonably Achievable Control Technology (RACT). NO x is a precursor for ground-level ozone formation...

EPA Issues First National Standards for Mercury Pollution from Power Plants

Historic 'mercury and air toxics standards' meet 20-year old requirement to cut dangerous smokestack emissions WASHINGTON - The U.S. Environmental Protection Agency (EPA) has issued the Mercury and Air Toxics Standards, the first national standards to protect American families from power...

Environmental Initiatives and the Role of the Green Technology Pilot Program

By Sarah M. Wong, Marquette University Law School The United States has entered a heightened state of environmental awareness. America's history of industrialization and consumerism in the early 1900s resulted in the realization that an increasing rate of industrial growth wrought a devastating...

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance

By Jeff Kray, Partner, Marten Law Group PLLC In this Emerging Issues Analysis, Jeff Kray of Marten Law PLLC analyzes two decisions in National Mining Ass'n v. Jackson which, taken together, determine that EPA's mountain-top mining Guidance is invalid on both procedural and substantive grounds...

Export-Import Bank Sued by Environmental Groups for Coal Export Loan Guarantee

Numerous environmental groups, represented by attorneys from Earthjustice, have filed a lawsuit against the Export-Import Bank over the Bank’s approval of a $90 million loan guarantee in support of Xcoal’s mining, transport, and export of coal without preparing an environmental impact statement...

Federal Court Orders EPA to Establish Timeline for Reviewing Coal Ash Regulation

On October 28, 2013, the U.S. District Court for the District of Columbia (“Court”) issued its Memorandum Opinion in the Environmental Protection Agency (“EPA”) Coal Combustion Residue (“CCR”) litigation [ enhanced version available to lexis.com subscribers ]. Under...

Washington Governor Inslee Orders Cap-and-Trade Program

On April 29, 2014, Washington State Governor Jay Inslee signed an executive order outlining a series of “next steps” to reduce carbon pollution within the state, including the creation of a market based carbon pollution cap program and to work towards eventually eliminating the use of electricity...

State Impacts of the Environmental Protection Agency's Clean Power Plan Rule

By Teresa Kim Schmittberger The Environmental Protection Agency ("EPA") has proposed the new Clean Power Plan Rule, which has been touted as President Obama's most significant environmental proposal to date. The main goal of the Clean Power Plan Rule is to cut carbon dioxide emissions...

Judge Endorses Use of the Social Cost of Carbon in NEPA Analysis

In 2010, the U.S. government formed an interagency working group of scientific and economic experts to develop an estimate of the social cost of carbon (SCC). The SCC puts a dollar figure on the damages done or damages avoided for possible scenarios resulting in discrete amounts of carbon dioxide emission...