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Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants

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 FR 48208 , addressing the interstate transport of...

Marten Law: Challenges to EPA's Controversial Cross-State Air Pollution Rule Move Forward

By Dustin Till In this Emerging Issues Analysis, Dustin Till reviews the EPA's attempt to regulate emissions from power plants in "upwind" states based upon allegations that air quality in "downwind" states is affected. The EPA's controversial Cross-State Air Pollution Rule...

Northeastern States Seek to Force Upwind States to Join the Ozone Transport Region

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 Ozone Transport Region (“OTR”). Delaware...

What Price For Clean Air? The EPA’s Golden Rule: No Good Neighbor Goes Unpunished

By Brian H. Potts Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about $10, or $120 a year...

Clean Air Court Win For US Environmental Protection Agency

The US Environmental Protection Agency has won an important court victory that may help clean the air in Ontario. About half of the air pollution in southern Ontario blows in from the US, mostly from coal-fired power generation stations. The EPA has been trying, for many years, to force those stations...

Supreme Court Reinstates Cross-State Air Pollution Rule

On April 29, 2014, in a decision that may impact electric prices and service reliability for McNees clients in the region, the United States Supreme Court, [ enhanced version available to lexis.com subscribers ], reinstated EPA’s Cross-State Air Pollution Rule (CSAPR), [ enhanced version available...

Marten Law on EPA v. EME Homer City Generation: Clean Air Act--Supreme Court Defers To EPA on Cross-State Air Pollution, Putting More Pressure on Aging Coal-Fired Power Plants

By Svend Brandt-Erichsen, Partner, Marten Law PLLC In this article, Svend Brandt-Erichsen of Marten Law PLLC examines the Supreme Court's decision in EPA v. EME Homer City Generation, [ enhanced version available to lexis.com subscribers ], upholding EPA's Cross-State Air Pollution Rule...

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“ EPA ”) Cross-State Air Pollution Rule (“ CSAPR ”). EPA v. EME Homer City Generation, L.P., No. 12-1182, [ enhanced version available to lexis.com subscribers ]. In a 6...