Legal & Regulatory

American Electric Power (AEP), one of the biggest coal generators in the U.S., is withdrawing funds and staff resources from heavy lobbying efforts against the Clean Power Plan, sinking them instead into preparations for compliance with the controversial climate rule. The company has informed the American Legislative Exchange Council (ALEC) that it will not be […]

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 […]

FirstEnergy Corp., which may enter into a settlement with Ohio to safeguard the future of its Davis-Besse nuclear plant—a deal critics have blasted as “corporate welfare”—just got the Nuclear Regulatory Commission’s permission to operate the 1978-built reactor until 2037. The 20-year license extension marks a milestone for Akron-headquartered FirstEnergy, which has warned it might have […]

New rules from the Environmental Protection Agency (EPA) have several unintended consequences for the power sector, an expert said at a POWER magazine event on Dec. 7. Floyd Self, an attorney with Florida-based law firm Berger Singerman, said that the bevy of new EPA rules have helped forged mergers between electric and gas utilities and necessitated […]

Climate change litigation in the U.S. has far outpaced climate litigation in any other jurisdiction. In fact, according to Teri Donaldson, partner with DLA Piper, more lawsuits concerning climate change have been decided or settled in the U.S. than in the rest of the world combined. “The success rate in these cases is very low,” […]

The power sector should view the Environmental Protection Agency’s (EPA’s) recent drive to tighten regulations on air and water emissions as an opportunity to improve its efficiency and environmental footprint rather than as an obstacle, said EPA General Counsel Avi S. Garbow at POWER magazine’s inaugural conference on legal issues in the generation industry. “We want […]

Florida’s Seminole Electric Cooperative faces what may be the most difficult generation transition in the nation as a result of the Obama administration’s Clean Power Plan. One of the nation’s largest generation and transmission rural electric cooperatives, Seminole owes its origins and its current position primarily to a single coal-fired plant. When electric utility veteran […]

There’s an old saying in Washington that when everyone is upset, you’ve probably done something right. By that measure, the Environmental Protection Agency’s (EPA’s) latest update to the National

The Environmental Protection Agency (EPA) on Nov. 20 issued a supplemental finding that consideration of costs does not affect its previous conclusion that regulation of coal- and oil-fired power plants is “appropriate and necessary” under section 112 of the Clean Air Act. The finding was in response to a June decision by the U.S. Supreme […]

The U.S. Senate late on Nov. 17 passed a pair of resolutions that would overturn recent Environmental Protection Agency rules on power plant emissions, rules that form the core of the Obama administration’s Clean Power Plan. The two resolutions, S.J. Res. 23 and S.J. Res. 24, were passed under a little-used provision known as the Congressional Review […]