Recent Posts

New EPA Rule Regulates Coal Ash As Non-Hazardous
Posted on 26 Feb 2015 by E. Lynn Grayson

By E. Lynn Grayson The U.S. Environmental Protection Agency (EPA) recently announced the first national regulations to provide for the safe disposal of coal combustion residuals (coal ash) from coal-fired power plants which will be regulated under... Read More

Tags: hazardous , coal , Plant , power , ash , waste , EPA

Federal Court Orders EPA to Establish Timeline for Reviewing Coal Ash Regulation
Posted on 3 Jan 2014 by Troutman Sanders

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... Read More

EPA Issues Final Rulemaking for Coal Combustion Residuals
Posted on 5 Feb 2015 by Babst Calland

The U.S. Environmental Protection Agency (EPA) has issued an advance notice of a final rulemaking that will regulate coal combustion residuals (CCR) as solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). The rulemaking will... Read More

Export-Import Bank Sued by Environmental Groups for Coal Export Loan Guarantee
Posted on 17 Sep 2013 by Columbia Law - Sabin Center for Climate Change Law

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... Read More

Tags: NEPA , coal

Judge Endorses Use of the Social Cost of Carbon in NEPA Analysis
Posted on 9 Sep 2014 by Columbia Law - Sabin Center for Climate Change Law

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... Read More

The Keystone XL Pipeline Veto: Much Ado ...
Posted on 11 Mar 2015 by J. Wylie Donald

By J. Wylie Donald When one talks of pipelines in recent days one hears nearly an incessant buzz about Keystone XL, as if that is where the real action is. But it isn't, notwithstanding the histrionics over President Obama's veto of S.1... Read More

Tags: pipeline , coal , natural , keystone , oil , gas

Evidence supports association between methylmercury exposure and adverse cardiovascular impacts
Posted on 15 May 2011 by Thomas H. Clarke, Jr.

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... Read More

Pope Says No to Cap and Trade
Posted on 30 Jul 2015 by J. Wylie Donald

By Tricia Caliguire "Pope Francis Stands Up to Climate Deniers," or so says the editorial board of the Newark Star Ledger . Yes, but the headline could have read, "Pope says No to Cap and Trade." In his ENCYCLICAL LETTER LAUDATO... Read More

Effects of New NOx RACT Rules
Posted on 8 Nov 2011 by Marc Karell

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... 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