Courts

  • Offshore Wind Contract Conundrum Heads to Supreme Court

    The English Supreme Court is due to hear an appeal on the long-running dispute in connection with the Robin Rigg Offshore Wind Farm. The decision promises to be significant for the offshore wind industry, its

  • Exelon Announces Three Mile Island Nuclear Plant to Close in 2019

    Exelon Corp. said it plans to retire the Three Mile Island (TMI) nuclear power plant around September 30, 2019, unless policy reforms are enacted in Pennsylvania. The company used a similar ploy in Illinois to pressure lawmakers into passing the state’s Future Energy Jobs bill, which provides subsidies for nuclear power plants. In that case, Exelon […]

  • D.C. Circuit Halts Clean Power Plan, Mercury Rule Litigation

    In two separate actions over the past 24 hours, the D.C. Circuit granted the Environmental Protection Agency’s (EPA’s) request to suspend cases challenging the Clean Power Plan and the Mercury and Air Toxics Standards (MATS).   The orders are the latest in a series of similar actions over the past month by the D.C. Circuit that […]

  • Trump’s EPA Signals Changes for Power Plant Mercury Rule

    The Trump administration is “closely” reviewing the Environmental Protection Agency’s (EPA’s) final cost consideration finding for its Mercury and Air Toxics Standards (MATS) to determine whether it should reconsider the rule or some part of it, it said in an April 18 federal court filing. The EPA filed a motion with the D.C. Circuit urging […]

  • Exelon Chief Is Optimistic Despite Current Nuclear Market Turmoil

    Exelon Corp., the nation’s largest nuclear generator, reinvented itself amid recent power pricing swings, market inequities, and policy worries that are challenging its “very existence,” a high-ranking executive told attendees at the ELECTRIC POWER Conference and Exhibition in Chicago this week. Bryan Hanson, president and chief nuclear officer for Exelon Generation, who gave the annual […]

  • Fight to Keep EPA’s Clean Power Plan Alive Intensifies in Federal Court

    A coalition of 24 states and localities have urged a federal court reviewing the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan to stall the agency’s recent motion to suspend a case challenging the controversial rule. West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important set of environmental cases […]

  • Trump Signs Energy Independence Executive Order

    Surrounded by coal miners, industry leaders, the secretaries of Energy and the Interior, the Environmental Protection Agency (EPA) administrator, and the vice president, President Donald Trump on March 28 signed an executive order rescinding or reviewing key provisions of the previous administration’s climate agenda. “The action I’m taking today will eliminate federal overreach, restore economic […]

  • Holcomb Station Coal Plant Expansion Clears Legal Hurdle

    A long-planned expansion of Sunflower Electric Power Corp.’s Holcomb Station is a little closer to fruition as of March 17 with a favorable ruling from the Kansas Supreme Court. The state’s high court ruled to uphold a 2010 construction permit, which was amended in 2013, for the plant. The Sierra Club argued that the permit […]

  • Texas Sues Federal Agencies to Force Action on Yucca Mountain

    Texas has filed a lawsuit in federal court to stop the Department of Energy (DOE) from spending tax dollars on consent-based siting activity, and to force the Nuclear Regulatory Commission (NRC) and other relevant federal agencies to complete licensing proceedings for the Yucca Mountain nuclear waste permanent repository. The lawsuit filed with the U.S. Court […]

  • Trump’s Regulatory Rollback May Hit Roadblocks

    President Donald Trump’s drive to roll back federal regulations, especially from the Environmental Protection Agency (EPA), will not be simple or smooth, a veteran Washington, D.C., attorney said at a utility conference on February 8. Speaking at the Energy, Utility, and Environment Conference (EUEC) in San Diego, Calif., Thomas Lorenzen, a partner with D.C.–based law […]

  • A Look Back at 2016: The Year of Transition

    A tumultuous election year that was marked by market turmoil, the events of 2016 clearly showed that big change is afoot for the power sector. Many of POWER‘s bold predictions for 2016, such as that the near-simultaneous surge in U.S. natural gas production and recent enactment of environmental rules would reshape the U.S. power sector, […]

  • Westinghouse’s Losses from Nuclear Business Deal Mount

    Toshiba Corp.—the parent of Westinghouse Electric Co.—said it might book huge losses as a result of Westinghouse’s acquisition of the nuclear construction and integrated services business CB&I Stone & Webster Inc. (S&W). Westinghouse closed on its agreement with CB&I in December 2015. When the deal was made, Toshiba estimated that the amount of “goodwill” resulting […]

  • Election Roundup: What Trump’s Win Means for Energy and Environment

    Donald Trump’s stunning victory in the U.S. presidential election portends enormous changes in U.S. energy and environmental policy, and a nearly complete turnover of the men and women who will administer that policy for the next four years.

  • Court Orders EPA to Evaluate Coal Industry Job Losses Related to Air Pollution Rules

    A federal court has ordered the Environmental Protection Agency (EPA) to file a plan and schedule to evaluate the consequences of its air pollution rules on jobs, finding for a giant coal company that is suing the agency for an alleged “war on coal” waged over the past five years. In an October 17 summary […]

  • Northeastern States File Suit to Force EPA Action on Ozone Transport Region Expansion

    Six northeastern states are suing the Environmental Protection Agency (EPA) to force it to act on controlling air pollution blowing in from coal-fired power plants located in nine Midwestern and southern states. New York, Connecticut, Massachusetts, New Hampshire, Rhode Island, and Vermont on October 7 filed a lawsuit in the U.S. District Court for the […]

  • Sasan’s Shadow: An Ultra Mega Power Project’s Dark Side

    For all its record-breaking achievements for speed, innovation, and efficiency, the 3,960-MW Sasan Ultra Mega Power Project should have been a POWER Top Plant. But the unique project has been plagued by serious setbacks—including loss of life—that show how perilous the plant construction journey can be. A decade ago, India was suffering a power crisis […]

  • Dutch Parliament Vote Could End Coal Power Generation in the Netherlands

    The Dutch parliament’s vote in favor of a motion to cut carbon emissions 55% by 2030 could spell the end of coal-fired power generation in the European nation. Although nonbinding, the measure would bring the Netherlands in line with agreements negotiated during the Paris climate talks that took place late last year. What it means […]

  • LIVE UPDATES: The Clean Power Plan at the D.C. Circuit

    Oral arguments on the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan were concluded before an en banc panel (10 judges, rather than the anticipated three) at the D.C. Circuit Court of Appeals on September 27. West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important environmental case in nearly […]

  • EPA Issues Updated CSAPR Rule in Push for Compliance with More Stringent 2008 Ozone NAAQS

    Updates finalized by the Environmental Protection Agency (EPA) to its Cross-State Air Pollution Rule (CSAPR) identify nitrogen oxide emission (NOx) reductions from power plants in 22 states to help states address transported pollution under the agency’s more stringent 2008 ozone air quality standards. It marks the first time the EPA has updated an existing program […]

  • Texas Coal Plant Wins Tax Appraisal Case, Property Value Cut 60%

    The Sandy Creek coal-fired power plant—a 900-MW facility in Riesel, Texas—won a major victory in court on August 19 when a McLennan County jury agreed that the plant was appraised at a much higher value than justified by market conditions. The appraisal district had suggested the plant be valued at $900 million in 2014 and […]

  • Ansaldo Energia Wins Arbitration Dispute Over Siemens Gas Turbine Patents [Updated]

    Italian firm Ansaldo Energia successfully defended an arbitration case brought by Siemens in the International Chamber of Commerce (ICC) Arbitral Tribunal regarding its right to use Siemens gas turbine technology under a license agreement, the company said on Aug. 1. The dispute stemmed from an agreement that ran from 1991 through October 2004 under which […]

  • Federal Court Stays EPA’s Regional Haze Rule

    A federal appeals court has stayed a regional haze rule finalized by the Environmental Protection Agency (EPA) earlier this year that had threatened to close up to 8.4 GW of coal-fired power capacity in Texas. In a unanimous ruling on July 15, the U.S. Court of Appeals for the Fifth Circuit granted a motion for […]

  • Despite Stay, EPA Proposes Details of Clean Power Plan Voluntary Incentive Program

      The Environmental Protection Agency (EPA) has unveiled details of the Clean Energy Incentive Program (CEIP), a voluntary measure central to the judicially stalled Clean Power Plan that seeks to provide guidance to states and tribes that want to meet goals under the plan when it becomes effective. The final Clean Power Plan, finalized in […]

  • Federal Court Strikes Down Minnesota Coal Power Import Ban

    A Minnesota law that bans power imports from new out-of-state coal-fired power plants is unconstitutional, a federal appeals court has deemed. The U.S. Court of Appeals for the Eighth Circuit on June 15 upheld a decision by the U.S. District Court for the District of Minnesota that found that the statute’s prohibitions had the effect […]

  • Supreme Court Leaves Revised MATS in Place for Now

    The Environmental Protection Agency’s (EPA’s) controversial Mercury and Air Toxics Standards (MATS) survived another day as the U.S. Supreme Court on June 13 declined to review the D.C. Circuit’s decision to leave the rule in place while the EPA revises it to comply with a 2015 Supreme Court ruling. The 2015 decision sent MATS back […]

  • How Will the Supreme Court Stay Affect the Clean Power Plan?

    One of the witnesses testifying before the U.S. Senate Committee on Environment and Public Works on June 9 believes states and regulated entities will be granted additional time to comply with the Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP), if the rule is ultimately found to be lawful. Currently, the U.S. Supreme Court has […]

  • The Perils of Second-Guessing FERC

    It’s axiomatic that state governments believe they can manage their own affairs better than the federal government. But our system reserves certain bailiwicks for federal oversight, and one of those is the

  • How the Power Industry Is Making Sense of an Environmental Quandary

    This year’s much-awaited Environmental Mega Session at the 18th annual ELECTRIC POWER Conference & Exhibition in New Orleans, La., on April 19 was titled “Navigating Clean Power Plan Compliance”

  • D.C. Circuit Delays Clean Power Plan Case Hearing by Months, Opts for En Banc Review

    Oral arguments to assess the merits of the Clean Power Plan will now take place before a nine-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit on September 27, bypassing review of challenges to the Environmental Protection Agency’s (EPA’s) controversial rule by a three-judge panel that was originally scheduled to […]

  • Nuclear Milestones Confront Exelon, FPL, and TVA

    Five nuclear projects—two old, one new, two planned—faced milestones this week as their owners confronted the realities of the U.S. nuclear market. Exelon Seeks Nuclear Support In Illinois, Exelon again warned that the long-challenged Clinton and Quad Cities plants would shut down unless the Illinois legislature passed a bill that would provide economic support for the […]