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

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

"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

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

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

There's Gold in Them Thar Coal Plants - You Just Have to Know How to Look For It
Posted on 29 Jul 2015 by J. Wylie Donald

By J. Wylie Donald Last Tuesday night saw a few of us enjoying the charms of Virginia Beach as we recovered from a long day of coal plant demolition. (Lawyers in hard hats. Run from that.) Well, not exactly. We were attending a conference run... Read More

Supreme Court - EPA Must Consider Costs before Regulating Mercury Emissions from Power Plants
Posted on 6 Aug 2015 by Babst Calland

On June 29, 2015, the U.S. Supreme Court ruled in Michigan v. EPA, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that the U.S. Environmental Protection Agency (EPA) failed to properly consider compliance costs... 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