Recent Posts

Environmental Protection Agency Modifies Air Quality Standards for Ozone
Posted on 12 Oct 2015 by Troutman Sanders

On October 1, 2015 the United States Environmental Protection Agency (“EPA”) adopted a more stringent air quality standard for ground-level ozone emissions that reduces the national standard from 75 parts per billion (“ppb”) to... Read More

Clean Power Plan Will Spur Innovation and Strengthen the Economy
Posted on 3 Jun 2014 by LexisNexis Legal Newsroom Staff

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... Read More

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants
Posted on 23 Aug 2011 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76... 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

Jenner & Block: Another Federal Circuit Adopts Five-Year Limit On NSR Enforcement Actions
Posted on 29 Aug 2013 by Steven M. Siros

The U.S. Court of Appeals for the Third Circuit recently joined the Seventh, Eighth, and Eleventh Circuits in finding that U.S. EPA is required to bring New Source Review (NSR) enforcement proceedings within five years of the alleged violation. On August... Read More

Obama To Slash Emissions From Power Plants
Posted on 23 Jun 2014 by Dianne Saxe

The U.S. Environmental Protection Agency (EPA) has released its long awaited proposed greenhouse gas (GHG) emission standards to slash carbon emissions from existing power plants, the largest industrial source of GHG emissions in the US. The rule, if... Read More

Washington Governor Inslee Orders Cap-and-Trade Program
Posted on 12 Jun 2014 by Troutman Sanders

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... Read More

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants
Posted on 1 Oct 2013 by Gabrielle Sigel

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... Read More

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions
Posted on 7 Jul 2011 by Thomas H. Clarke, Jr.

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS... Read More

State Impacts of the Environmental Protection Agency's Clean Power Plan Rule
Posted on 31 Jul 2014 by McNees Wallace & Nurick LLC

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... Read More

Troutman Sanders: EPA Issues Strict New Cross-State Air Pollution Rule for Power Plants
Posted on 14 Jul 2011 by Troutman Sanders

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... Read More

U.S. EPA Issues Final Regulations Governing Cooling Water Use At Power Plants And Industrial Facilities
Posted on 10 Jul 2014 by Steven M. Siros

The U.S. EPA has promulgated final regulations that established requirements for cooling water intakes at existing power plants and industrial facilities. After almost 20 years of attempting to adopt rules under Section 316(b) of the Clean Water Act,... Read More

Marten Law: EPA Proposes to Require Oregon, Idaho, Alaska and Ten Other States to Update Clean Air Act Permitting Programs to Address Greenhouse Gas Emissions
Posted on 19 Oct 2010 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC “The Environmental Protection Agency is taking more steps to implement its greenhouse gas Tailoring Rule, which will restrict emissions from new and modified large stationary sources such as power... Read More

Northeastern States Seek to Force Upwind States to Join the Ozone Transport Region
Posted on 14 Jan 2014 by Williams Mullen

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... Read More

Compliance With the Clean Air Act May Not Be Enough
Posted on 18 Sep 2013 by Babst Calland

A recent Third Circuit decision indicates that compliance with the requirements of the Clean Air Act (CAA) may not be sufficient to protect an owner or operator from state common law tort claims. In Bell v. Cheswick Generating Station (Aug. 20, 2013)... Read More