Environmental

Recent Posts

Clean Power Plan Published; Appeals Period Begins
Posted on 27 Oct 2015 by Ballard Spahr LLP

The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register Friday, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean Power Plan in the U.S... Read More

Demand-Side Energy Efficiency in the Final Clean Power Plan
Posted on 29 Sep 2015 by Columbia Law - Sabin Center for Climate Change Law

By Jessica Wentz, Associate Director and Postdoctoral Fellow President Obama and the Environmental Protection Agency (EPA) have unveiled the final version of the Clean Power Plan —the nation’s first ever federal regulatory standards to... Read More

How the Supreme Court Just Delayed the Clean Power Plan
Posted on 3 Aug 2015 by J. Wylie Donald

By Tricia Caliguire The Supreme Court’s decision in Michigan v. EPA , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], holding that the Environmental Protection Agency should have considered costs when... Read More

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance
Posted on 7 Sep 2012 by Jeff Kray

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... Read More

NERC's Polite Review of the Clean Power Plan: A "Challenge"
Posted on 21 May 2015 by J. Wylie Donald

By J. Wylie Donald When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal... Read More

U.S. Energy and Environmental Policy and Law in the Making: The Clean Power Plan
Posted on 25 Nov 2015 by Steptoe & Johnson PLLC

It was a busy week for the United States and the Obama Administration’s Climate Change Initiative. On October 23, 2015, the Clean Power Plan was published in the Federal Register, [subscribers can access an enhanced version of this rule: lexis... Read More

Permit Shield Extended to General Permits by Sixth Circuit
Posted on 19 May 2015 by Steptoe & Johnson PLLC

In January 2015, the Sixth Circuit held that a defendant’s compliance with the terms of its National Pollutant Discharge Elimination System (“NPDES”) general permit would effectively “shield” that defendant from claims filed... Read More

EPA Issues First National Standards for Mercury Pollution from Power Plants
Posted on 28 Dec 2011 by LexisNexis Environmental Law Community Staff

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... Read More

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?
Posted on 31 Jul 2015 by J. Wylie Donald

By J. Wylie Donald The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS Rule. Until... Read More

Michigan v. EPA – Setting the Stage for The Clean Power Plan and WOTUS
Posted on 25 Aug 2015 by Steptoe & Johnson PLLC

On June 28, 2015, the U.S. Supreme Court filed its 5-4 ruling on the challenge to US EPA Mercury Air Toxics (MATS) rule. Michigan, et al. v. Environmental Protection Agency, et al., No. 14-46 . http://www.supremecourt.gov/opinions/14pdf/14-46_10n2.pdf... Read More

In re Murray Energy - the First Clean Power Plan Donnybrook
Posted on 12 May 2015 by J. Wylie Donald

By J. Wylie Donald This morning found us at the E. Barrett Prettyman Courthouse in Washington, hoping to take in the oral argument before the DC Circuit in the first (of what is certain to be many) challenge to the Clean Power Plan: In re Murray... Read More

Court Affirms Disclosure in NPDES Permitting Is Critical to Permit Shield
Posted on 25 Mar 2015 by Troutman Sanders

By Miranda Yost , Of Counsel, Troutman Sanders LLP A recent Sixth Circuit decision, [ enhanced version available to lexis.com subscribers ], on permit shield protection reinforces the importance of full disclosure to the permitting agency. The Sixth... Read More

Tags: coal , shield , Clean , permit , water

MATS Corrections
Posted on 12 Feb 2015 by Steptoe & Johnson PLLC

By Laura M. Goldfarb , Member, Steptoe & Johnson PLLC. EPA is proposing to correct certain text of the final MATS Rule officially titled “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility... Read More

Tags: coal , air , electric , Plant , emission , power , Clean , MATS

Oklahoma Attorney General Opposes EPA Power Plant Rule in Comment Letter
Posted on 25 Nov 2014 by LexisNexis Legal Newsroom Staff

Oklahoma, 16 Other States Comment on Proposed EPA Guidelines Oklahoma Attorney General Scott Pruitt along with attorneys general from 16 other states filed a comment letter with the EPA opposing the agency’s unlawful plan to regulate power plants... Read More

U.S. Supreme Court Invalidates EPA’s Regulation of Mercury from Power Plants
Posted on 3 Aug 2015 by Gabrielle Sigel

On June 29, 2015, the U.S. Supreme Court reversed, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the U.S. Court of Appeals for the D.C. Circuit, [subscribers can access an enhanced version of this opinion: lexis... Read More