Courts

The Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) is likely to be complicated at least as much by political and legal opposition as by technological challenges in reducing carbon emissions, several speakers at POWER magazine’s inaugural conference on legal issues in the generation industry noted on Dec. 7 in Las Vegas. “Navigating Legal Implications of […]

It took only minutes for opponents to the Obama administration’s Clean Power Plan to reduce carbon dioxide emissions from coal-fired power plants to head for the courts. The Environmental Protection Agency (EPA) plan became official, published in the Federal Register on Friday morning. The race to the courthouse was on. The first electric utility in […]

A federal court last week granted a motion barring the U.S. Army Corps of Engineers and Environmental Protection Agency (EPA) from enforcing the Clean Water Rule, which critics say is “exceptionally expansive.” A three-judge panel at the U.S. Court of Appeals for the Sixth Circuit on Oct. 9 granted the stay sought by 31 states […]

Duke Energy Indiana reached a settlement agreement with some of the state’s key consumer groups related to operating costs at its Edwardsport integrated gasification combined cycle (IGCC) coal power plant. The deal was submitted to state regulators on Sept. 18 and is subject to Indiana Utility Regulatory Commission (IURC) approval. If approved, it would resolve […]

Duke Energy has settled a 15-year-old lawsuit for allegedly violating the Clean Air Act when it made modifications at 13 coal-fired power units in North Carolina.  The Environmental Protection Agency’s (EPA’s) and the Department of Justice’s (DOJ’s) original case filed in 2000 focused on 25 Duke Energy coal units. As it has in more than […]

The U.S. Court of Appeals for the D.C. Circuit on Wednesday rejected a request by 15 U.S. states to stay the Environmental Protection Agency’s (EPA’s) Clean Power Plan. In a one-page order, the three-judge panel dismissed the request filed on Aug. 13 by a coal company and the coalition of states led by West Virginia’s […]

On June 29, much of the power sector rejoiced when the U.S. Supreme Court struck down the Environmental Protection Agency’s (EPA’s) Mercury and Air Toxics Standards (MATS) rule, finding that the EPA had

A federal judge on Thursday halted implementation of the Clean Water Rule that is controversial for its broad definition of “Waters of the U.S.” one day before it was to go into effect, saying it was likely that the Environmental Protection Agency (EPA) overstepped its authority when it promulgated the “exceptionally expansive” rule.  Judge Ralph […]

The U.S. Court of International Trade has upheld a determination by the U.S. International Trade Commission (ITC) that imports of crystalline silicon photovoltaic (PV) cells and modules from China materially injured domestic solar companies.  The decision dated Aug. 7 (but made public on Aug. 21) rejects claims by Chinese firms Trina Solar, Wuxi Suntech Power, […]

The attorneys general of 17 states are suing the Environmental Protection Agency (EPA) for invalidating agency-approved state implementation plans (SIPs) governing emissions from power plant startup, shutdown, and malfunction (SSM) operations. The states have asked a federal court to review the EPA’s June-issued final rule, which deems SIP provisions concerning SSM operations in 36 states […]