Legal & Regulatory

Use of natural gas for power generation in the U.S. is skyrocketing. From 2005 to 2015, the share of energy produced from gas has increased over 80%, with gas now comprising about 35% of the fuel mix. This

Since the U.S. Environmental Protection Agency (EPA) released its “new source performance standard” on August 3, 2015, requiring new coal power plants in the U.S. to emit no more than 636 kg (1,400 lb) of

A summary of POWER’s legal affairs conference on power industry regulations.

When it comes to a transition away from coal, TransAlta Corp. is playing political defense. The Canadian province of Alberta contains among the richest fossil energy resources in the world, including oil (and

The New York State Public Service Commission on January 21 approved a 10-year, $5 billion Clean Energy Fund that is expected to address climate change and strengthen resiliency in the face of extreme weather. It will also bolster Gov. Andrew Cuomo’s aggressive Clean Energy Standard, which calls for the state to meet 50% of its […]

Following the D.C. Circuit’s denial of motions for stay, 26 states have petitioned the U.S. Supreme Court to immediately block the Environmental Protection Agency’s (EPA’s) contentious Clean Power Plan from taking effect. The January 26 application, directed to Chief Justice John Roberts Jr., notes that the states filed petitions for review of the carbon rule […]

By a 6–2 vote, the U.S. Supreme Court on January 25 ruled that the Federal Energy Regulatory Commission (FERC) had authority under the Federal Power Act (FPA) to issue rules requiring equal market participation by demand response (DR) resources. FERC Order 745, issued in 2011, required the nation’s Independent System Operators (ISOs) and Regional Transmission […]

Congressional efforts to block the Environmental Protection Agency’s (EPA’s) contentious rule asserting federal authority over small bodies of water were derailed on Jan. 21. Senate Republicans voted 52–40, failing to override the president’s veto of the so-called “Clean Water Rule”—also “Waters of the United States” (or WOTUS) well short of the 60 necessary votes. Clean […]

A federal court has denied the motions for stay requested by 27 states and numerous industry groups to block the Clean Power Plan from taking effect. “Petitioners have not satisfied the stringent requirements for a stay pending court review,” the court said in its two-page order on January 21. The court also ordered that consideration of the […]