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
Two weeks ago, the Environmental Protection Agency (EPA) released its proposed repeal of the rules governing greenhouse gas emissions from fossil fuel-fired power plants. Included within the proposal is a new legal...more
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") issued a proposed rule to repeal all greenhouse gas ("GHG") emissions standards for fossil fuel-fired electric generating units ("EGUs") under § 111 of the...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
The Trump administration is proposing two repeals: one on regulations of power plants and the other on certain amendments to the 2024 Mercury and Air Toxics Standards. The administration believes these regulations have...more
On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more
The United States Energy Information Administration (“EIA”) issued a June 11th report titled: U.S. natural gas combines-cycle capacity by initial operating year (1990-2028) (“Report”). The Report provides both prior...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
Welcome to our fifth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along an announcement and an event notice first. Again, thank you for reading! Tapping Into Common...more
On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more
A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated...more
The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
EPA requires existing coal-fired power plants that plan to operate beyond 2039 and large new gas-fired power plants to achieve 90% reductions in GHG emissions by 2032....more
The US Environmental Protection Agency (EPA) released on April 25, 2024 the prepublication versions of four final rules applicable to fossil fuel–fired power plants. The rules establish carbon dioxide standards for existing...more
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...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 Environmental Protection Agency (EPA) is proposing actions to address greenhouse gas (GHG) emissions from new and existing fossil-fuel-fired power plants in a bid to expedite the U.S. clean energy transition....more
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
On May 11, 2023, the U.S. Environmental Protection Agency issued a proposed rule promulgating greenhouse gas (GHG) emissions standards for fossil fuel-fired power plants. The proposal, issued pursuant to Section 111 of the...more
The proposed new greenhouse gas (GHG) emissions control requirements would apply to existing and new power plants, with an emphasis on more efficient generating practices, including carbon capture and sequestration (CCS) and...more
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating...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
On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....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