The Continuing Impact of Coal Ash - Energy Law Insights
On August 1, 2025, the United States District Court for the Eastern District of Texas denied the motions to dismiss filed by three asset managers. The complaint, brought by thirteen plaintiff states (Texas, Alabama, Arkansas,...more
Last fall, a coalition of eleven Republication attorneys-general filed an antitrust complaint against three major asset managers, alleging that the asset managers' adherence to climate-friendly principles--which discourage...more
On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”). The direct final...more
Volume 9, Issue 7 Welcome to our seventh issue of Currents 2025. In this issue, we look at the changing tides for coal, the new NEPA procedures, West Virginians desire for lower cost energy, southwestern Virginia's newest...more
In recent years, coal-fired generation has reduced significantly in relation to other energy generation. As recently as 2014, according to the Environmental and Energy Study Institute, coal produced 39 percent of electricity...more
On June 23, the Treasury Department (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-31. This notice includes lists of information that taxpayers may use to determine whether they meet certain requirements...more
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
The methodology outlines a three-step approach for obtaining credits: retirement of coal-fired power plants, generation of replacement renewable electricity, and assurance of a just transition....more
After 150 days in office, President Trump has signed executive orders on a pace of more than one per day. An emerging priority of the administration is increasing the use of federal land for resource production. This post...more
In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more
This report draws insights from Troutman Pepper Locke attorneys and leading industry specialists to highlight the private equity investment trends currently reshaping the sector. The findings provide a picture of where...more
Key Takeaways - - Pursuant to President Trump’s executive order seeking to maximize the secretary of energy’s emergency authority under Section 202(c) of the Federal Power Act, the secretary’s two new orders have halted the...more
As noted in this WSJ article, the Department of Justice and Federal Trade Commission recently raised concerns in a “joint statement of interest” that large asset managers – including the “Big Three” of BlackRock, Vanguard and...more
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more
Last week, the Trump Administration's FTC and DOJ (Antitrust Division) filed a statement of interest in support of a lawsuit filed last November by eleven Republican state attorneys-general against three major asset managers...more
Primarily through the issuance of executive orders, the Trump administration has taken a comprehensive approach across departments to promote the production and use of fossil fuels and critical minerals, and withdraw support...more
New Executive Orders and Proclamation - On April 8, 2025, President Donald J. Trump issued three significant executive orders (“EOs”) and a fourth proclamation consistent with his pledge to “Unleash American Energy.” These...more
The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption...more
President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government....more
President Donald Trump signed an executive order (EO), "Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 1424," on April 8, 2025, that places coal at the center of the administration's...more
President Donald Trump's April 8, 2025, proclamation extends the compliance deadline for the EPA's Mercury and Air Toxics Standards (MATS) by two years, from July 8, 2027 to July 8, 2029, asserting national security concerns...more
On April 9, 2025, President Trump announced a slew of executive actions seeking to bolster the coal industry. One of the three executive orders is directly targeted at procedures to increase coal mining and production, which...more
Last week, President Trump signed over 10 executive orders related to efforts to strengthen America’s defense industry, bolster coal production and electric grid management, and roll back other regulations it views as...more
On April 8 and 9, 2025, President Donald Trump issued five Presidential Actions (four Executive Orders and one Proclamation, collectively “Presidential Actions”) for the purposes of ensuring adequate and reliable energy...more
On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation...more