LexisNexis® Legal Newsroom
Export-Import Bank Sued by Environmental Groups for Coal Export Loan Guarantee

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 coal without preparing an environmental impact statement...

Federal Court Orders EPA to Establish Timeline for Reviewing Coal Ash Regulation

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 version available to lexis.com subscribers ]. Under...

Washington Governor Inslee Orders Cap-and-Trade Program

On April 29, 2014, Washington State Governor Jay Inslee signed an executive order outlining a series of “next steps” to reduce carbon pollution within the state, including the creation of a market based carbon pollution cap program and to work towards eventually eliminating the use of electricity...

State Impacts of the Environmental Protection Agency's Clean Power Plan Rule

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 Power Plan Rule is to cut carbon dioxide emissions...

Judge Endorses Use of the Social Cost of Carbon in NEPA Analysis

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 in discrete amounts of carbon dioxide emission...

Oklahoma Attorney General Opposes EPA Power Plant Rule in Comment Letter

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. “The EPA’s proposed power plant...

EPA Issues Final Rulemaking for Coal Combustion Residuals

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 apply to CCR generated by coal-fired power plants...

MATS Corrections

By Laura M. Goldfarb , Member, Steptoe & Johnson PLLC. EPA is proposing to correct certain text of the final MATS Rule officially titled “National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance...

New EPA Rule Regulates Coal Ash As Non-Hazardous

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 the nonhazardous waste provisions of RCRA. In developing...

The Keystone XL Pipeline Veto: Much Ado ...

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, the Keystone XL Pipeline Approval Act. The real action...

Court Affirms Disclosure in NPDES Permitting Is Critical to Permit Shield

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 Circuit found a coal company was shielded from...

Peter Glaser Talks “Just Say No” Option for States on E&E TV

Should states opt to “just say no” to U.S. EPA’s Clean Power Plan proposal by either not submitting compliance plans or creating mechanisms that do not follow the agency’s building blocks? Peter Glaser in Troutman’s D.C. office discussed that question with E&E TV’s...

In re Murray Energy - the First Clean Power Plan Donnybrook

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 Energy Corp. Murray Energy is the largest privately...

Permit Shield Extended to General Permits by Sixth Circuit

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 under the citizen suit enforcement provisions...

NERC's Polite Review of the Clean Power Plan: A "Challenge"

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 plants, will you have enough generation from other...

There's Gold in Them Thar Coal Plants - You Just Have to Know How to Look For It

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 by EUCI: Plant Retirement: Learning from Experience...

Pope Says No to Cap and Trade

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 SI’ OF THE HOLY FATHER FRANCIS ON CARE FOR...

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?

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 now that is, because a 5-4 majority on the Supreme...

U.S. Supreme Court Invalidates EPA’s Regulation of Mercury from Power Plants

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.com | Lexis Advance ], and invalidated U.S. EPA's...

How the Supreme Court Just Delayed the Clean Power Plan

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 making the decision to regulate mercury emissions...

Supreme Court - EPA Must Consider Costs before Regulating Mercury Emissions from Power Plants

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 before promulgating the Mercury and Air Toxics...

Michigan v. EPA – Setting the Stage for The Clean Power Plan and WOTUS

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 . In short the decision reverses and remands the...

Demand-Side Energy Efficiency in the Final Clean Power Plan

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 address carbon dioxide (CO 2 ) emissions from existing...

Clean Power Plan Published; Appeals Period Begins

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. Court of Appeals in the District of Columbia Circuit...

U.S. Energy and Environmental Policy and Law in the Making: The Clean Power Plan

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.com | Lexis Advance ]. This official act triggered...