News & Analysis as of

Proposed Rules Comment Period Energy Sector

Ropes & Gray LLP

New York State Publishes Proposed Facility- and Industry-Specific Greenhouse Gas Emissions Reporting Requirements

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At the end of March, the New York State Department of Environmental Conservation (DEC) released draft regulations for a proposed Mandatory Greenhouse Gas Reporting Program. If adopted, the regulations would require annual...more

Jones Day

EPA Proposes New Carbon Pollution Standards for Fossil Fuel-Fired Power Plants

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The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more

Holland & Knight LLP

FERC Proposes New Rules to Jumpstart Electric Transmission Buildout

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The Federal Energy Regulatory Commission (FERC) on Dec. 15, 2022, proposed an important new set of regulations to implement certain changes recently passed by Congress to the agency's authority to license new interstate...more

Morgan Lewis - Power & Pipes

RFS: Auto Manufacturers Win the Battle for ‘eRIN’ Credits in EPA’s Proposed Rule

On December 1, 2022, the Environmental Protection Agency (EPA) published its proposed “set” rule for the Renewable Fuel Standard (RFS) Program. In addition to setting the volume and percentage standards for renewable fuels...more

Holland & Knight LLP

FERC's Proposed "Duty of Candor" Draws Significant Opposition

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The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (180 FERC ¶ 61,052 (2022))(Proposed Rule) on July 28, 2022, that would impose a sweeping "duty of candor" across all energy industries...more

Bricker Graydon LLP

Attention Ohio energy developers: Ohio Power Siting Board issues proposed rule revisions

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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

Morgan Lewis

NRC Approves Publication of Proposed Nuclear Reactor Transitioning to Decommissioning Rule

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The US Nuclear Regulatory Commission (NRC) approved publication in the Federal Register of a proposed rule, “Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning” on November 3,...more

Williams Mullen

Why Coal Ash Regulation Should Be on Everyone’s Watch List

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Recently, the use of coal has been most highlighted in the power production industry, although coal has been used for generations in many industries.  For example, steel, paper, chemicals, and oil refining industries utilize...more

Steptoe & Johnson PLLC

EPA Proposes Changes to The Section 401 Water Quality Certification Process

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Consistent with the President’s focus on streamlining the permitting process and jumpstarting energy infrastructure projects as outlined in his Executive Order 13868, the USEPA published new rules related to the state’s role...more

Beveridge & Diamond PC

Will EPA ‘ACE’ Its Attempt to Replace the Clean Power Plan? A Deeper Dive into EPA’s Proposed Affordable Clean Energy Rule

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Introduction - As we have previously reported, on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed to replace the Obama Administration’s Clean Power Plan (“CPP”) with the Affordable Clean Energy...more

Jones Day

EPA Offers ACE Rule to Trump Clean Power Plan

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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

Holland & Knight LLP

EPA Releases Proposed Affordable Clean Energy Rule to Replace Clean Power Plan

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• 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

Perkins Coie

Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining Industry

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On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more

Stinson LLP

FERC Eases Electric Storage and Distributed Energy Resource Aggregators Participation in Wholesale Markets

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Late last week, the Federal Energy Regulatory Commission (FERC) released a proposed rule that, if adopted, would facilitate greater participation by electric storage resources (including batteries, flywheels, pumped-hydro,...more

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