West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
On March 13, the Environmental Protection Agency (EPA) announced it would move forward with reconsideration of the Greenhouse Gas Endangerment Finding (Endangerment Finding) as directed in President Trump’s Executive Order...more
While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as...more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
On January 19, 2021 the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) vacated the Affordable Clean Energy Rule (the “ACE Rule”), a policy instituted by the Environmental Protection...more
A coalition of more than 25 states, including Minnesota as of last week, and various cities have petitioned the U.S. Court of Appeals for the District of Columbia for review of the Trump administration’s promulgation of the...more
On June 19, 2019, the U.S. Environmental Protection Agency (EPA) issued the final “Affordable Clean Energy” (“ACE”) rule to replace the Obama-era Clean Power Plan (“CPP”), which was suspended by the U.S. Supreme Court after...more
On June 19, 2019, the Environmental Protection Agency (EPA) released a final rule repealing the Obama-era “Clean Power Plan” (CPP) and replacing it with the “Affordable Clean Energy” (ACE) Rule. While both rules regulate...more
The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more
This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...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 2015, the U.S. Environmental Protection Agency announced the controversial “Clean Power Plan,” which was immediately the subject of a legal challenge and was subsequently stayed by the United States Supreme Court....more
Introduction - As we have previously reported, on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed to replace the Obama Administration’s Clean Power Plan (“CPP”) with the Affordable Clean Energy...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
Advancing President Trump’s campaign promise to end the “war on coal,” on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed a new rule to replace the Obama administration’s Clean Power Plan (“CPP”). ...more
Earlier this week, on August 21, President Trump’s Environmental Protection Agency (“EPA”) proposed a rule pursuant to Section 111(d) of the Clean Air Act (“CAA”) intended to replace the embattled Clean Power Plan (“CPP”)...more
As expected, the Trump administration has been actively engaged in efforts to reverse the federal government’s regulatory direction with respect to climate change. In 2017, President Donald Trump announced plans to withdraw...more
Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more
On October 10, 2017, EPA Administrator Scott Pruitt signed a notice of proposed rulemaking (“proposed rule”) repealing the Clean Power Plan (“CPP”). Repeal of Carbon Pollution Emission Guidelines for Existing Stationary...more
On October 10, 2017, the Trump Administration took another step in its efforts to unwind U.S. climate change policy. The announcement presented little surprise and provided little substance as it provided limited additional...more
On October 10, 2017, EPA announced it is taking steps to repeal the Clean Power Plan (CPP), regulations put in place in 2015 which requires existing power plants to roll back their CO2 emissions by 2030. EPA is taking the...more
The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more
In a much-anticipated move, the U.S. Environmental Protection Agency (EPA) is proposing repeal of the Clean Power Plan (CPP). The draft proposed rule outlines EPA’s revised interpretation of its authority under Clean Air Act...more
President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more
President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more
A week after President Trump signed an Executive Order directing agency review of various energy-related regulations, the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations...more