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
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
On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more
On June 16, 2022, the Ohio Power Siting Board (“Board” or “OPSB”) issued a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The Order culminates a...more
NRC Commissioners Christopher Hanson, David Wright, and Jeff Baran recently voted 2-1 (Commissioner Baran dissenting) to implement SECY-21-0029, “Rulemaking Plan on Revision of Inservice Testing and Inservice Inspection...more
The NRC Staff recently issued SECY-20-0098, which provides the Staff’s recommendation to consolidate two low-level radioactive waste (LLRW) disposal rulemakings. Specifically, the Staff supports combining the draft final rule...more
The Nuclear Regulatory Commission (NRC) wants your input on its advanced reactor rulemaking activities on a rolling basis, so it announced that it will periodically place “preliminary proposed rule language” on the federal...more
The NRC staff is moving forward with development of the 10 CFR Part 53 rulemaking, which will establish a new framework for licensing and regulating advanced nuclear reactors (and potentially also extending to fusion...more
The Nuclear Regulatory Commission (NRC) Executive Director for Operations recently issued SECY-20-0032, requesting the Commission’s approval of a seven-year rulemaking plan for a “Risk-Informed, Technology-Inclusive...more
In SECY 20-0020, issued on February 28, the NRC Staff informed the Commission of its conclusion that developing a generic environmental impact statement (GEIS) for advanced nuclear reactors (ANRs) is viable....more
• A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. • The Clean Air Act requires that those regulations be binding on all entities subject to...more
On September 5, 2018, the Virginia State Corporation Commission (the “Commission”) issued an order initiating a rulemaking proceeding (the “Order”) to determine whether, and the extent to which, any of the Regulations...more
Earlier this month, a leading group of Canadian power companies and government entities (although not the nuclear regulator) issued a “Canadian SMR Roadmap,” an 89 page plan for Canada to become a leader in small modular and...more
Earlier this week, on August 21, President Trump’s Environmental Protection Agency (“EPA”) proposed a rule pursuant to Section 111(d) of the Clean Air Act (“CAA”) intended to replace the embattled Clean Power Plan (“CPP”)...more
In an order issued Monday, January 8, 2018, the Federal Energy Regulatory Commission unanimously terminated the rulemaking proceeding it previously initiated in response to a directive issued last fall by U.S. Department of...more
The petitioners challenging the Environmental Protection Agency’s (EPA) Clean Power Plan (CPP) in the U.S. Court of Appeals for the D.C. Circuit filed their joint opening briefs on February 19, 2016. The Opening Briefs of...more
The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure...more
A little over two weeks after the 2011 accident at the Fukushima Daiichi nuclear power plant in Japan, I wrote a column for The Hill, “Keep calm and carry on with nuclear power,” in which I stated: Now is not the time...more
Today the U.S. Environmental Protection Agency (EPA) announced that it will seek stakeholder input on the development of a federal plan for meeting the Clean Power Plan’s carbon emission goals. Earlier this month, the EPA set...more