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
In 2015, EPA proposed a rule requiring states to develop plans to cut CO2 emissions from the power sector—the Clean Power Plan (“CPP”). EPA explained the rule would result in “significant emission reductions” for that sector,...more
PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more
Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more
The U.S. Environmental Protection Agency (EPA or Agency) issued a proposed rule (Proposed Rule) on May 11, 2023, that would adopt new greenhouse gas (GHG) emissions standards for certain coal and natural gas-fired power...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more
The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more
On June 30, 2022, the U.S. Supreme Court published its opinion in West Virginia v. Environmental Protection Agency (EPA), involving challenges to the scope of the Obama Administration's Clean Power Plan (CPP). The Court...more
On Friday, June 30, the U.S. Supreme Court issued its opinion in West Virginia v. EPA resolving the seven-year debate over the Environmental Protection Agency’s statutory authority to promulgate the President Obama-era Clean...more
Those wondering what states can do to at least partially ameliorate the impacts of West Virginia v. EPA need look no farther than Massachusetts, which issued its Clean Energy and Climate Plan for 2025 and 2030 the same day...more
The Supreme Court rejected EPA’s Obama-era Clean Power Plan in a decision that has significant implications both for future attempts by EPA to regulate CO2 emissions and for other agencies attempting to promulgate rules that...more
The Supreme Court decided West Virginia v. EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The...more
On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more
The US Court of Appeals for the DC Circuit held that EPA’s interpretation that emissions controls under Section 111 of the Clean Air Act must be limited to those that can be applied “at” and “to” a stationary source was...more
On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule. The Court issued a 185-page opinion (download here) within which it ultimately determined...more
Over the weekend, major news outlets announced that former Vice President Joe Biden will be the next president of the United States. Biden and his running mate, Vice Predident-elect Kamala Harris, pledged throughout the...more
The Arkansas Department of Energy and Environment, Division of Environmental Quality (“DEQ”), has scheduled an Affordable Clean Energy (“ACE”) Rule stakeholder meeting. The meeting will be held on October 24th at DEQ...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
In a much-anticipated action, the US Environmental Protection Agency (EPA) has finalized a rule to replace the Clean Power Plan previously promulgated by the Obama administration to reduce greenhouse gas emissions (GHGs) from...more
The Environmental Protection Agency (EPA) issued three rules on June 19, granting additional powers to states to determine their projected energy resource mixes, including nuclear energy. In response to the rules, utilities...more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
Comments filed by the October 31 deadline show that industry overwhelmingly supports EPA’s proposed Affordable Clean Energy (ACE) rule. The ACE rule will regulate carbon dioxide (CO2) emissions from power plants and replace...more
Climate Change Regulatory Issues & Updates - Comment Period Ending on EPA's Affordable Clean Energy Proposal - A 60-day public comment period on the Affordable Clean Energy rule to replace the Obama Administration's...more