The Continuing Impact of Coal Ash - Energy Law Insights
On July 17, 2025, the U.S. Environmental Protection Agency (âEPAâ) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (âCCRâ). The direct final...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 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 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
Grants a two-year exemption from the EPA's updated Mercury and Air Toxics Standards (MATS) rule for certain stationary sources, citing the lack of commercially viable emissions-control technology needed to meet the ruleâs...more
On March 12, 2025, EPAâs Office of Enforcement and Compliance Assurance (âOECAâ) issued a memo outlining new national enforcement and compliance initiatives (âNECIsâ). ...more
Halloween is over, but spooky season just began for anyone that owned, or now owns, a coal-fired power plant. If not already, these facilities should be frightened about the potential liability implicated by the Hazardous and...more
Good morning! This is Akinâs newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...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
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
Good afternoon! This is Akinâs newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past two weeks and forthcoming climate-related events and...more
Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and...more
Pennsylvania and RGGI â 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
In early August 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed denial of Alabamaâs permit program to manage coal combustion residuals (CCR) in landfills and surface impoundments within the state. The...more
In a world of solar power, green energy, and electric cars, it is sometimes surprising to consider how much of a political hot potato good olâ fashioned coal remains. There are more than 300 coal-fired power plants still...more
An Uncertain Future for Nuclear Generation - As countries and companies around the world set goals for renewable energy targets, there is constant uncertainty as to the best path for reaching these goals. While wind and...more
Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloyâs decision...more
With names like âboiler slagâ and âbottom ash,â itâs no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more
âA controversial natural gas pipeline in West Virginia appears dead for now after it failed to make next yearâs spending bill from Congress.â Why this is important: With apologies to Mark Twain, the reports of the...more
The U.S. Supreme Court has issued a forceful rebuke against what it found to be agency overreach. West Virginia v. Environmental Protection Agency, No. 20-1530 (June 30, 2022)....more
On January 11, the U.S. Environmental Protection Agency (EPA) issued a new interpretation of its coal combustion residual (CCR) regulations: CCR landfills or surface impoundments âcannot be closed with coal ash in contact...more
German Regulator Puts Brake on Nord Stream 2 in Fresh Blow to Gas Pipeline - "First flows through the pipeline look very unlikely in the first half of 2022, he added." Why this is important: It is estimated that Russia...more
In a first, U.S. declares shortage on Colorado River, forcing water cuts -Â The New York Times â August 16 - With climate change and long-term drought continuing to take a toll on the Colorado River, the federal Bureau of...more
Texas is now the third state with an approved CCR permit program. On June 28, 2021, the Environmental Protection Agency published the approval of the Texas Commission on Environmental Qualityâs partial State Coal Combustion...more
This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - Pakdel v. City and County of San Francisco - On June 28, 2021, the Supreme Court decided...more