Environmental

Recent Posts

States Should Think Twice Before Refusing Any Response to EPA’s Clean Power Rules
Posted on 14 Apr 2015 by Columbia Law - Sabin Center for Climate Change Law

The date is approaching for EPA to finalize its rules for controlling carbon dioxide emissions from existing power plants, and states are contemplating their responses to those rules. A number of commentators have recommended that states “just say... Read More

A FIP Primer for the Clean Power Plan
Posted on 30 Jun 2015 by Columbia Law - Sabin Center for Climate Change Law

Much has been made of late about EPA’s authority to develop federal implementation plans (FIPs) to achieve the state-based GHG emissions reduction targets the agency is preparing to establish under Clean Power Plan. Led by Senator Mitch McConnell... 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 Ruling on EPA Mercury Rule: Utilities Wins the Battle, But Lose the War
Posted on 13 Jul 2015 by Williams Mullen

By Jessica J.O. King The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards... 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

The Clean Power Plan: A View from FERC
Posted on 4 Mar 2015 by J. Wylie Donald

By J. Wylie Donald It was innocuous enough: Conference on Environmental Regulations; but the plainness of title belied what was going on at the Federal Energy Regulatory Commission at the first public forum at FERC on EPA's Clean Power Plan... Read More

The Clean Power Plan: A View from FERC, Part II - Infrastructure
Posted on 9 Mar 2015 by J. Wylie Donald

By Tricia Caliguire Because I had a seat inside the meeting room at FERC's Clean Power Plan Overview last month, I got a close-up view of the protesters. Most were older (as opposed to the college-student variety), they carried signs, wore matching... 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

The Clean Power Plan: A View from FERC, Part IV - Economic v. Environmental Dispatch, Please
Posted on 11 May 2015 by J. Wylie Donald

By J. Wylie Donald It’s been a long winter in my neck of the woods and not because Punxsutawney Phil saw his shadow. Pipes froze. Twice. Furnace was out overnight. Broke three shovels. So I had a particular interest this past Wednesday, March... 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

Ohio EPA Seeks Early Stakeholder Input on Sulfur Dioxide Rules
Posted on 30 Mar 2015 by Steptoe & Johnson PLLC

Ohio EPA is seeking early stakeholder input[1] on potential amendments to Ohio’s sulfur dioxide regulations as part of the five-year rule review process mandated by ORC §119.032, [ enhanced version available to lexis.com subscribers ]. The... 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