The Continuing Impact of Coal Ash - Energy Law Insights
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 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
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
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 second inaugural address identified making America “energy dominant again” as one of four America First Priorities. Having issued several statements and executive orders in January that focused on...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
The IRS released additional guidance on June 7, 2024, in the form of Notice 2024-48 (Notice) regarding the energy community bonus credit under Sections 45, 48, 45Y and 48E of the Internal Revenue Code. The Notice follows...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
Solar Powered Generation Sees Significant Growth while Some Solar Energy is Increasingly Blocked from Production - Our Currents focus article this month is on developments in the growth of solar electric power generation...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
What is the Hydrogen Hubbub? Hydrogen is seen by many as the fuel of the future, a substance that can provide heat through combustion, or electrical power from fuel cells, emitting only water in the process. Its potential...more
The Cost of "Electrification" “Electrification” has become a ubiquitous term these days, although depending on who you ask, it might have different meanings. However defined, a critical component of electrification as a...more
A recent report released last week by the U.S. Department of Energy (DOE) shows that hundreds of coal plant sites could host new nuclear reactors. Siting new nuclear at retiring coal sites, referred to as 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
How a Colorado Coal Plant Could Become a Massive Battery for Renewable Energy - "If the idea works, it could be a case study for other communities trying to preserve jobs and property taxes as the world shifts to cleaner...more
The White House demonstrates its continued support for fossil fuel communities during the current clean energy transition by standing up the Interagency Working Group on Coal and Power Plant Communicatees and Economic...more
The local economies of many communities in the southwest are tied to the operations of large coal-fired power plants. As those plants start closing, the communities can face significant disruption in their local economies...more
World's Largest Coal Miner Coal India Bets on Solar, Eyes Further Mine Closures - "Pramod Agarwal said its joint venture with state-run NLC India Ltd plans to invest around 125 billion rupees ($1.73 billion) in solar...more
Asia's switch from coal to natural gas is driven by stricter emission standards, low natural gas prices, and more efficient new natural gas turbine technology. The overwhelming consensus seems to be that thermal coal is on...more
Trump Administration Approves Arctic National Wildlife Refuge for Land Leasing, Oil Drilling - "The Trump administration continues to roll back environmental protections and opening doors for the fossil fuel industry in...more
Industry Expert Insights - We reached out to one of our Lex Mundi partners and a well-known expert in Poland in the energy and legal industries to get his thoughts on the current energy climate. Radoslaw Wasiak is a...more
In a move that will have a significant impact on Pennsylvania's power producers, Governor Tom Wolf signed an executive order on October 3rd directing the state's Department of Environmental Protection (PADEP) to create...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