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EPA Plans Reset of GHG and Mercury Rules for Power Plants

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG...more

Carbon Quarterly – Volume 9

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

EPA Issues New Power Plant Rules

Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these...more

Following Sackett, Another New Final WOTUS Rule

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September...more

U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States"...

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more

Full of Hot Air? EPA Tries Again to Impose Greenhouse Gas Emission Standards on Fossil Fuel-Fired Power Plants

On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more

A New Final (But Not the Final?) WOTUS Rule

On 30 December 2022, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) (together, the Agencies) released a final rule redefining the scope of waters protected under the Clean Water Act...more

Electrifying the Renewable Fuel Standards: EPA Proposes a Major Expansion of the Renewable Fuel Standard Program

On 1 December 2022, U.S. Environmental Protection Agency (EPA) proposed a major new regulatory component of the Renewable Fuel Standard program (RFS) to recognize electricity produced from biomass and used to fuel electric...more

EPA Designates PFAS Chemicals As Hazardous Substances in Newly Proposed CERCLA Regulations

On Friday, 26 August 2022, the U.S. Environmental Protection Agency (EPA) moved forward with a proposed rulemaking regarding how certain PFAS chemicals will be regulated in the future. EPA announced plans to regulate certain...more

Carbon Quarterly – Volume 6

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more

EPA Proposes New Rules Governing Section 401 Water Quality Certification

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

EPA and States Get Busy on PFAS Waste Regulation

The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more

EPA and Corps Release Updated Definition of Waters of the United States

On 18 November 2021, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the "Corps") (together, the Agencies) released the pre-publication version of the proposed rule redefining the scope of...more

Back to the Drawing Board on WOTUS: Federal Court Vacates Trump Administration's Navigable Waters Protection Rule

On 30 August 2021, Judge Rosemary Márquez, a federal district judge in the District of Arizona, ordered the remand and vacatur of the Trump administration’s Navigable Waters Protection Rule (NWPR) defining “waters of the...more

Carbon Quarterly - Volume 2

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency...more

Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more

In Search of Cooler Waters: Implementing EPA's Temperature Limits on the Columbia and Lower Snake Rivers

The Washington State Department of Ecology (Ecology) is hosting an informal meeting on January 28, 2021 to discuss implementing the U.S. Environmental Protection Agency’s (EPA) new total maximum daily load (TMDL) for...more

Climate Policy in the End-of-Year Legislative Package

Late Sunday, President Trump signed into law H.R. 133, the legislative package containing Coronavirus relief, the Fiscal Year 2021 Omnibus bill, and the Energy Act of 2020—the largest energy package to be enacted into law in...more

Carbon Quarterly - Volume 1

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

EPA Expands NPL List - Is Your Company a Potentially Responsible Party?

On 1 September 2020, the United States Environmental Protection Agency (EPA) announced the addition of six sites to the Superfund National Priorities List (NPL). EPA has determined that releases of contamination at these...more

No More Delay?: EPA Rulemaking Clarifies Timelines and Scope of State Authority in the Clean Water Act Section 401 Certification...

On 1 June 2020, the U.S. Environmental Protection Agency (EPA) announced its much anticipated “Clean Water Act Section 401 Certification Rule” the (401 Certification Rule or Final Rule) revising and clarifying the water...more

Muddied Groundwater: New Supreme Court Test Adds Confusion and Uncertainty to Clean Water Act Permitting Jurisdiction

On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more

Finally Finality? The Trump Administration’s Answer to One of Environmental Law’s Most Contested Questions: What Are “Waters of...

On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) finalized the Navigable Waters Protection Rule (Rule) to define “waters of the United States” (WOTUS). ...more

The Changing Scope of Federal Power Under the Clean Water Act: Are Discharges of Pollutants From a Point Source to Groundwater...

On Wednesday, November 6, 2019, the U.S. Supreme Court heard oral argument in County of Maui, Hawai´i v. Hawai´i Wildlife Fund, a case that considers whether the Clean Water Act (“CWA”) applies to discharges of pollutants...more

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