The Continuing Impact of Coal Ash - Energy Law Insights
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
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
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
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. 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
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
Analysts Say U.S. Coal Merger Not Anti-Competitive- "The proposed 'extraordinary' joint venture between U.S. coal majors Peabody Energy and Arch Coal will be structurally beneficial, rather than anti-competitive for U.S....more
Here’s my take on the Affordable Clean Energy Plan. Who cares? On the merits, it does almost nothing. It requires only that states impose heat rate improvement requirements on coal-fired power plants. It’s not going to...more
Trump to Sign Order Seeking to Clear Gas Pipeline Hurdles - "The administration, which is pushing a policy it calls energy dominance, has been considering an order that would push back against states, including New York,...more
United States Senator Tom Carper (D-Del.) sent a December 13th letter to the U.S. Environmental Protection Agency (“EPA”) Office of Information and Regulatory Affairs: . . . expressing grave concerns regarding the...more
Several environmental organizations filed a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging United States Environmental Protection Agency (“EPA”)...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
• The U.S. Environmental Protection Agency (EPA) has issued a proposed rule to reduce greenhouse gas (GHG) emissions from existing coal-fired power plants, a replacement for the Clean Power Plan (CPP) finalized by the Obama...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 United States Environmental Protection Agency (“EPA”) issued on March 1st a pre-publication version of a proposed rule that would amend the regulations for the disposal of coal combustion residuals (“CCR”) from electric...more
Our March edition of Energy Technology Connections brings you recent industry highlights and features a list of upcoming energy industry events throughout the nation. If you enjoy learning about new technology as much as we...more
GOP Presidential Candidate Donald Trump made several sweeping promises while on the campaign trail vowing to reopen shuttered mines and bring coal back to its dominance of a decade ago. These promises, however, are dated as...more
In a rare move, the U.S. Supreme Court stayed the U.S. Environmental Protection Agency's (EPA) Clean Power Plan even before the merits of the rule have been decided by the U.S. Court of Appeals for the District of Columbia...more
The U.S. Environmental Protection Agency’s (EPA) Clean Power Plan was published in the Federal Register today, triggering a 60-day appeals period. Petitioners will have until December 22, 2015, to file appeals of the Clean...more
EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more
The Supreme Court heard oral arguments yesterday on whether the Environmental Protection Agency (EPA) unreasonably decided not to consider the cost of regulation when the EPA determined it was “appropriate and necessary” to...more