Marten Law: Challenges to EPA's Controversial Cross-State Air Pollution Rule Move Forward

By Dustin Till In this Emerging Issues Analysis, Dustin Till reviews the EPA's attempt to regulate emissions from power plants in "upwind" states based upon allegations that air quality in "downwind" states is affected. The EPA's controversial Cross-State Air Pollution Rule...

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants

On September 20, 2013, U.S. EPA rescinded its first attempt and proposed new rules to establish New Source Performance Standards (NSPS), i.e. , national emission limits, for carbon dioxide (CO 2 ) emitted from new electric power plants. EPA's proposed approach is to set different limits, and different...

Northeastern States Seek to Force Upwind States to Join the Ozone Transport Region

BY: LYNNE C. RHODE Stating that they “face pervasive ozone nonattainment problems,” eight Northeastern states on December 9, 2013 petitioned the U.S. Environmental Protection Agency (“EPA”) to add nine upwind states to the Ozone Transport Region (“OTR”). Delaware...

Clean Power Plan Will Spur Innovation and Strengthen the Economy

Yesterday was an important day. At the direction of President Obama and after an unprecedented outreach effort, the U.S. Environmental Protection Agency released the Clean Power Plan proposal, which for the first time cuts carbon pollution from existing power plants, the single largest source of carbon...

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...