Courts

The Environmental Protection Agency’s (EPA’s) recent request that the D.C. Circuit hold a case challenging the Clean Power Plan in additional abeyance until it concludes rulemaking has been strongly opposed by 17 states and several cities. The EPA, in its latest 30-day court-required status report filed on January 10, asked the federal court for continued […]

New York and Connecticut on January 17 filed suit to force the Environmental Protection Agency (EPA) to curb ground-level ozone blowing in from Illinois, Michigan, Pennsylvania, Virginia, and West Virginia with federal implementation plans (FIPs) issued under the “Good Neighbor Provision” of the 2008 National Ambient Air Quality Standards (NAAQS). The two states allege in their […]

Owners and contractors can run into contractual disputes during combined cycle construction projects. Often, the disagreements snowball into lawsuits, which create a lot of activity in attorney offices, but can actually stop activity at the construction site. Engineers and laborers frequently end up taking off their hard hats and setting down their welding torches to […]

ExGen Texas Power (EGTP) Holdings LLC and ExGen Texas Power LLC, a subsidiary of Exelon Corp., on November 7 filed for Chapter 11 bankruptcy. The filing in U.S. Bankruptcy Court in Delaware is aimed at reducing the company’s debt, and four of EGTP’s five natural gas-fired power plants in Texas would be owned by lenders […]

A bitter dispute concerning subsidies for nuclear generation that has divided the power sector grew more intense over the past week as Connecticut, Ohio, and Pennsylvania advanced efforts to keep nuclear plants operating. At the same time, legal challenges to existing measures in Illinois and New York continued in two federal courts. In Connecticut, Gov. […]

Environmental Protection Agency (EPA) chief Scott Pruitt on October 9 said he will sign a proposed rule Tuesday to repeal the Clean Power Plan (CPP), a signature initiative of former President Barack Obama’s administration that mandated cuts in carbon dioxide (CO2) emissions from power plants. Pruitt, speaking to a group of coal miners Monday at […]

The Trump administration’s Environmental Protection Agency (EPA) is considering its options to repeal or replace the Clean Power Plan (CPP), the signature climate regulation of former President Barack Obama. POWER magazine on October 6 obtained a 43-page draft of the EPA’s proposed action on the CPP. The formal document is expected to be released soon. The […]

Westinghouse Electric has asked a New York bankruptcy court to stop Georgia Power from terminating Westinghouse’s contract to continue construction of two new nuclear reactors at Plant Vogtle near Waynesboro, Georgia. Westinghouse filed for bankruptcy earlier this year, in large part due to massive cost overruns from the Vogtle project and the V.C. Summer nuclear […]

SCANA Corp. and Santee Cooper—utility partners that recently abandoned a two-unit expansion at the V.C. Summer nuclear plant—have received federal subpoenas for documents associated with a much-guarded February 2016 assessment report conducted by Bechtel, documentation of meetings with the firm, and documentation of site walk-downs and real-time observations at the half-built project. A copy of […]

The UK Supreme Court ruled unanimously in favor of E.ON in a long-running dispute over foundation problems identified at the 174-MW Robin Rigg offshore wind farm located between Scotland and England. The judges said Danish contractor MT Højgaard must bear the approximate €26 million cost of remedying failed grouted connections between monopiles and transition pieces […]