Environmental

Recent Posts

New EPA Rule Regulates Coal Ash As Non-Hazardous
Posted on 26 Feb 2015 by E. Lynn Grayson

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... Read More

Tags: hazardous , coal , Plant , power , ash , waste , EPA

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

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

Peter Glaser Talks “Just Say No” Option for States on E&E TV
Posted on 26 Mar 2015 by Troutman Sanders

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.... Read More

Tags: electricity , coal , air , Plant , power , Clean

Back to the Future: EIA’s Analysis of EPA’s Clean Power Plan Concludes that Power Sector CO2 Emissions May Drop to 1980s Levels
Posted on 21 Jul 2015 by Jenner & Block Corporate Environmental Lawyer

In June 2014, EPA issued its proposed Clean Power Plan to regulate CO2 emissions from existing power plants under section 111(d) of the Clean Air Act, [subscribers can access an enhanced version of this statute: lexis.com | Lexis Advance ]. The Clean... Read More

MATS Corrections
Posted on 12 Feb 2015 by Steptoe & Johnson PLLC

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... Read More

Tags: coal , air , electric , Plant , emission , power , Clean , MATS

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

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

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

The Constitutional Foundation for the Clean Power Plan
Posted on 16 Apr 2015 by Columbia Law - Sabin Center for Climate Change Law

As members of Congress wisely examine the legal basis for the Clean Power Plan, they should feel confident that the Environmental Protection Agency is acting with a solid constitutional foundation. At a Tuesday hearing of the Subcommittee on Energy... 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

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