The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The U.S. Environmental Protection Agency (EPA) proposes to eliminate greenhouse gas regulations for power plants after concluding that power plants do not "contribute significantly" to dangerous air pollution or,...more
On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more
REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...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
On April 25, 2024, the Environmental Protection Agency (EPA) released a set of rules aimed at cutting air, water, and land pollution from fossil fuel-fired plants. The rules would require existing coal-fired and new gas-fired...more
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
Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
After seven years, three presidential administrations, and two appearances before the Supreme Court, the Obama Administration’s “Clean Power Plan” (“CPP”)—a Clean Air Act regulation designed to limit carbon emissions from...more
In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to...more
On June 30, 2022, the U.S. Supreme Court decided West Virginia v. Environmental Protection Agency, No. 20-1530, holding that the Environmental Protection Agency does not have the authority to require existing coal-fired power...more
On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements he had previously identified resulting from upgrades to the Ameren Missouri...more
Here’s my take on the Affordable Clean Energy Plan. Who cares? On the merits, it does almost nothing. It requires only that states impose heat rate improvement requirements on coal-fired power plants. It’s not going to...more
The Trump Administration announced a long-awaited proposal to roll back the Obama-era Clean Power Plan late last month. (Chicago Tribune). The action had been promised by the President and his appointees at EPA, who pursued...more
Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...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
On August 3, 2015, the Environmental Protection Agency (EPA) released the final Clean Power Plan, the Obama Administration’s landmark effort to limit carbon dioxide emissions from existing fossil fuel-fired power plants...more
On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) utilized executive action to call for a major societal shift on climate change policy. The new rules, dubbed the Clean Power Plan, are intended...more
President Obama unveiled the final Clean Power Plan (CPP) rule on Aug. 3, 2015, which sets forth a historic and ambitious regulation for cutting greenhouse-gas pollution. The CPP establishes the first-ever national standards...more
On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more
The House Energy & Commerce Committee’s Subcommittee on Energy and Power announced that it will hold a hearing to review the Environmental Protection Agency’s proposal to regulate carbon dioxide emissions from existing power...more
We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more
In June, President Obama directed the U.S. Environmental Protection Agency to propose standards regulating greenhouse gas emissions (“GHG”) from existing power plants. The requirements would be imposed under Section 111(d) of...more
Congressman Ed Whitfield (R-KY.), the chairman of the House Energy and Commerce Committee’s Energy and Power Subcommittee, introduced a bill on October 28, 2013 that would void the U.S. Environmental Protection Agency’s (EPA)...more