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
The Obama administration’s Clean Power Plan (“CPP”) — an unprecedented use of the Clean Air Act to regulate greenhouse gas (“GHG”) emissions from power plants — is only “mostly dead” and could soon spring back to life. Yes,...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
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 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
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
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
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
The U.S. Environmental Protection Agency (“EPA”) has just issued its proposed rule to replace the Clean Power Plan (“CPP”). The proposed rule, issued on August 21, 2018, seeks to replace the CPP with the Affordable Clean...more
On August 21, 2018, the U.S. Environmental Protection Agency (EPA) released the long-awaited proposed rule to replace the Obama-era Clean Power Plan (CPP). The Affordable Clean Energy rule (ACE), signed by EPA Acting...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
During his first year in Washington, President Trump made his mark on energy and environmental issues by issuing executive orders (EOs), proclamations, and presidential memoranda. Seeking to undo regulations enacted during...more
Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more
On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...more
On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....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
The United States Environmental Protection Agency (“EPA”) issued a Notice of Proposed Rulemaking (“NPRM”) October 10th that would repeal the Clean Power Plan (“CPP”)....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
A little over a week ago, the Trump administration finally documented President Trump’s previously stated intention to withdraw United States support from the Paris climate change agreement in an official notice delivered to...more