In Short -
The Situation: The Environmental Protection Agency ("EPA") has issued proposed rules to limit carbon dioxide ("CO2") emissions from fossil fuel-fired power plants (the "Proposed Rules")....more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
The Advance Notice of Proposed Rulemaking ("ANPRM") addresses seven per- and polyfluoroalkyl substances ("PFAS"), including PFBS and GenX. ...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
4/10/2023
/ Air Pollution ,
Clean Air Act ,
Coal-Fired Generation ,
Coal-Fired Plants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
MATS ,
Mercury ,
NESHAP ,
Oil & Gas ,
Power Plants ,
Public Health ,
Regulatory Reform ,
Toxic Exposure
On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act.
The United States Environmental Protection Agency...more
In Short -
The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more
The Environmental Protection Agency ("EPA") has announced a proposal to reduce the maximum levels of fine particle emissions....more
In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more
What Happened: West Virginia v. EPA -
In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more
7/13/2022
/ Air Pollution ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
11/22/2021
/ Air Pollution ,
Biden Administration ,
Bureau of Land Management ,
Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Regulatory Agenda ,
Regulatory Reform
Interim Update on Biden Administration Climate Change Initiatives -
The last edition of the Climate Report discussed President Biden's signing, on his first day in office, of an instrument for the United States to re-join...more
The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit.
The Result: Some discharges to...more
5/6/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Climate Change Regulatory Issues & Updates -
EPA Issues Affordable Clean Energy Rule -
The U.S. Environmental Protection Agency ("EPA") issued the Affordable Clean Energy rule on July 8 to repeal the Clean Power Plan...more
February 2019 In Short The Situation: The definition of "waters of the United States" in the Clean Water Act ("CWA") circumscribes the jurisdictional authority of the federal government under the Act. This impacts not just...more
3/6/2019
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Jurisdiction ,
Navigable Waters ,
Oil & Gas ,
Proposed Regulation ,
Proposed Rules ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
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
9/18/2018
/ Biomass ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Clean Power Plan ,
Coal Industry ,
Comment Period ,
Electricity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
MATS ,
Oil & Gas ,
Power Plants ,
Proposed Rules ,
Public Comment ,
Renewable Energy ,
Trump Administration
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
US. REGULATORY AND LITIGATION DEVELOPMENTS -
EPA PROPOSES TO RESCIND CLEAN POWER PLAN -
What EPA Did -
In a decision expected and promised since the election of President Donald Trump, the United States...more
11/27/2017
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Company Vehicles ,
Electric Vehicles ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
France ,
Global Warming ,
Greenhouse Gas Emissions ,
Investors ,
Land-Use Permits ,
Netherlands ,
Nonprofits ,
Oil & Gas ,
Paris Agreement ,
Popular ,
Renewable Energy ,
Rescission ,
Stakeholder Engagement ,
Sustainable Business Practices
On June 1, 2017, President Trump announced that the "United States will cease all implementation" of the Paris Climate Accord. This Commentary provides a short summary of the impacts of President Trump's announcement....more
6/8/2017
/ Clean Power Plan ,
Climate Change ,
Coal ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
International Relations ,
Paris Agreement ,
Private Sector ,
Renewable Energy ,
State and Local Government ,
Trump Administration