Recent Posts

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

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

A View from the FERC - Part III - Time to Keep the Lights On
Posted on 5 May 2015 by J. Wylie Donald

By Tricia Caliguire Last week, FERC held the eastern regional technical conference on “Environmental Regulations and Electric Reliability, Wholesale Electricity Markets, and Energy Infrastructure.” The purpose was for the commissioners... Read More

Congressional Leaders To FERC: “Did EPA Consult with You About Its Clean Power Plan?”
Posted on 10 Feb 2015 by Steptoe & Johnson PLLC

You are probably well aware of the Environmental Protection Agency’s (“EPA”) Clean Power Plan. You may not be aware that Congressional leaders are asking very pointed questions to the Federal Energy Regulatory Commission (“FERC”... Read More