In the first half of 2024, EPA has finalized a host of rules driven, at least in part, by concerns about disparate impacts and environmental justice. For instance, in conjunction with an April rule targeting greenhouse...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more
The National Association of Clean Air Agencies (“NACAA”) submitted June 22nd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for Hazardous...more
The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more
EPA recently issued a proposed rule (“the Proposed Rule”) regarding the Mercury and Air Toxics Standards (MATS), which regulate hazardous air pollutant (HAP) emissions from coal and gas-fired electric generating units (EGUs)...more
EPA has proposed to revoke the Trump administration finding in 2020 that it is not appropriate and necessary to regulate emissions of air toxics from coal- and oil-fired electric generating units. Instead, EPA proposes to...more
Earlier this week, Greenwire (subscription required) had an interesting story about the role that EPA’s estimate of the cost to comply with the Mercury and Air Toxics Standards rule played in the politics and judicial review...more
Since its creation under President Nixon five decades ago, EPA has, for the most part, been an independent agency utilizing the best science available, even where the science led it to policy results contrary to the...more
U.S. Banks Prepare to Seize Energy Assets as Shale Boom Goes Bust - "Major U.S. lenders are preparing to become operators of oil and gas fields across the country for the first time in a generation to avoid losses on loans...more
EPA filed a status report on October 15 in the slow-moving mercury and air toxics (MATS) litigation, which is now Murray Energy Corp. v. EPA, No. 16-1127 (D.C. Cir., filed April 26, 2016). The case is a challenge to EPA...more
This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
In December 2011, the EPA announced the Mercury and Air Toxics Standards under Section 112 of the Clean Air Act (CAA), commonly referred to as the MATS rule. The MATS rule governs the emission of mercury from electric power...more
On December 27, EPA proposed to revise the cost finding associated with the Mercury and Air Toxics Standards (MATS) along with the risk and technology review required by the Clean Air Act. (EPA Announcement)....more
United States Senator Tom Carper (D-Del.) sent a December 13th letter to the U.S. Environmental Protection Agency (“EPA”) Office of Information and Regulatory Affairs: . . . expressing grave concerns regarding the...more
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more
U.S. Army Corps Stands by Permit for Dakota Access Oil Pipeline - "The U.S. Army Corps said that a permit it granted for the Dakota Access Pipeline last year was environmentally sound, handing a setback to tribal and green...more
Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more
The federal lawsuit filed by twenty-three states challenging EPA’s Mercury and Air Toxics Standards (MATS) is in the 8th inning, and things are not looking good for the challengers. Some background is appropriate. ...more
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
This posts continues our discussion regarding the status of several major recent regulations by the U.S. Environmental Protection Agency (EPA) that target reductions in emissions from the oil, natural gas, and coal...more
Environmental and Policy Focus - Supreme Court rejects new challenge to EPA’s air pollution rule - The Hill - Jun 13 - The Supreme Court on Monday declined to consider a third request from a group of states to...more
In yesterday’s Part 1, we discussed the Environmental Protection Agency’s (EPA) rules regulating emissions from existing and new stationary electricity generating units. In today’s post, we discuss EPA’s regulations regarding...more
Last week, EPA issued its “Supplemental Finding”, confirming that it still believes that its Mercury and Air Toxics Standards are “appropriate and necessary.” I don’t have much to add to our post at the time of the proposed...more
On Wednesday, EPA published certain amendments to the Mercury and Air Toxics Standards in the Federal Register. EPA describes most of the changes as “technical corrections,” but there is one important substantive change. ...more