West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
West Virginia vs. EPA: An Environmental Regulations Case with Broad Implications for Agency Power
Jones Day Talks: Developments in Germany's Wind Power Regulations
On June 11, 2025, the US Environmental Protection Agency, under Administrator Lee Zeldin, proposed repealing two key Biden–Harris-era rules targeting greenhouse gas and air toxic emissions from fossil fuel–fired power plants....more
The US Environmental Protection Agency recently issued a proposed rule and accompanying press release announcing its intent to repeal both the 2015 greenhouse gas emissions standards for new fossil fuel-fired power plants...more
On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule that, if finalized, would repeal all greenhouse gas (“GHG”) standards for the power sector. Further, the principles underlying the...more
If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more
The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more
A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more
Yesterday, the U.S. Supreme Court issued its much-anticipated opinion in the case of West Virginia v. EPA regarding the agency’s authority to regulate carbon dioxide (CO2) from new and existing coal- and gas-fired power...more
EPA’s latest proposed rule targeting NOx emissions from fossil-fueled electric generating units (EGUs) is a classic study of diminishing returns. It marks the seventh round of NOx controls for the EGU sector since 1990. The...more
On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more
On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American Lung...more
Welcome to Volume 5, Issue 18 of Currents. As always, we cover the gamut of hot topics in the energy industry. In this edition, we provide insights on issues at the local, state and federal levels, as well as international...more
The Obama administration adopted the Clean Power Plan to reduce power sector greenhouse gas emissions in line with its commitments under the Paris Agreement climate accord. The Clean Power Plan invoked Clean Air Act §...more
In 2015, the U.S. Environmental Protection Agency ("EPA") adopted the Clean Power Plan ("CPP") pursuant to Clean Air Act ("CAA") Section 111. The CPP set out guidelines to help states develop individual plans to limit carbon...more
The United States Environmental Protection Agency (“EPA”) announced in the January 22, 2020 Federal Register that it was proposing to approve revisions to the State of Utah’s plan for addressing regional haze. The proposed...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
B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas emissions. This edition of Carbon Markets...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
The EPA released the final Affordable Clean Energy (ACE) rule fulfilling the President’s promise to repeal the Obama EPA’s Clean Power Plan (CPP). In addition to repealing the CPP, the ACE rule replaces the CPP....more
On December 27, EPA proposed to revise the cost finding associated with the Mercury and Air Toxics Standards (MATS) along with the risk and technology review required by the Clean Air Act. (EPA Announcement)....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
On Tuesday, August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced its Affordable Clean Energy (ACE) Rule, a proposal to replace the Clean Power Plan issued in 2015. EPA Acting Administrator Andrew Wheeler...more
New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more
U.S. Agencies Agree to Slash Approval Times for Infrastructure Projects - "More than a dozen federal agencies agreed to slash the time needed for environmental reviews and permitting on major infrastructure projects, a...more