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Marten Law on National Parks Conservation Ass'n v. TVA: Federal District Court Ruling May Undercut Enforcement and Citizen Suit Challenges Aimed at Coal-Fired Power Plants

By Dustin Till, Associate, Marten Law Group PLLC “The recent opinion in National Parks Conservation Association v. TVA took the frequently contested question of what constitutes ‘routine’ maintenance of coal-fired power plants in a new direction” writes Dustin Till. “That...

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS 4565 (6/20/11), the U.S. Supreme Court addressed...

EPA Proposes First Carbon Emissions Limits for Power Plants

On June 2, 2014, the U.S. Environmental Protection Agency announced its Clean Power Plan, which would impose the first federal limits on carbon-dioxide (CO 2 ) emissions from power plants in the United States.[1] The proposed rules, which the EPA published pursuant to Section 111(d) of the Clean Air...