West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
Jones Day Talks: Developments in Germany's Wind Power Regulations
The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more
The National Rural Electric Cooperative Association (“NRECA”) submitted June 23rd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for...more
West Virginia v. EPA, No. 20-1530; North American Coal Corp. v. EPA, No. 20-1531; Westmoreland Mining Holdings v. EPA, No. 20-1778; North Dakota v. EPA, No. 20-1780: In four consolidated cases, the Court agreed to review the...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
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
U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more
A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more
Emissions from approximately 2,900 large combustion plants in the EU, including coal-fired power stations as well as peat, oil and gas power plants, are now likely to be subject to stricter environmental performance...more
This summer, the Supreme Court of Pennsylvania addressed an important question that has divided other courts: if an insurer defends a claim subject to a reservation of rights, may the insured settle the claim without the...more
Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more
Although legal hurdles remain, EPA’s Clean Power Plan envisions sweeping changes to the electricity generation sector designed to mitigate climate change concerns through reduction of carbon dioxide emissions by 2030, and it...more
Energy and Climate Debate - Energy and climate issues have had a big week, with the Senate Energy and Natural Resources Committee approving its bipartisan broad energy package and President Obama unveiling the final...more
Responding to over 4 million comments received on its June 2014 proposed rule, the United States Environmental Protection Agency (EPA) has made changes to its controversial plan to regulate carbon dioxide (CO2) emissions from...more
President Obama unveiled the final Clean Power Plan (CPP) this past weekend – the first ever national standard to address CO2 pollution from power plants. The CPP sets strong standards to reduce carbon dioxide emissions by...more
Today EPA released its final Clean Power Plan, its first-ever regulations aimed at reducing carbon pollution from electric power plants. The final rule contains several significant changes from the proposed rule that was...more
EPA's rules regulating greenhouse gas emissions from power plants are expected to be finalized by the end of the summer. It has been nearly two years since the EPA unveiled its proposed greenhouse gas emissions standards...more
On Thursday, in United States v. DTE Energy Company, the 6th Circuit Court of Appeals revived EPA’s enforcement action against DTE energy for alleged NSR violations at DTE’s Monroe Power Plant. As the dissent notes, it may...more