Legal & Regulatory

  • EPA Publishes Draft Carbon Pollution Rules

    The EPA published the latest version of its new source performance standards (NSPS) for carbon pollution from new power plants in the Federal Register on Jan. 8, setting in motion a 60-day public comment period. The action stems from the 2007 Supreme Court decision in Massachusetts v. EPA that defined greenhouse gases as an air […]

    Tagged in:
  • Wind Production Tax Credit Expires with Uncertain Impact

    The controversial federal production tax credit (PTC) bestowed on new wind farms of $0.023/kWh for the first 10 years of their operation expired on Tuesday, but the impact of that policy lapse isn’t immediately clear. Originally enacted in 1992, the federal renewable electricity PTC has been renewed and expanded numerous times—most recently by the American […]

    Tagged in:
  • A Rising Tide of Regulation and the “Kick-the-Can” Gambit

    A tidal wave of pent-up federal regulations could surge across much of the electricity industry in 2014. In recent years, Congress has been unable to enact new laws in energy, which has led a frustrated

    Tagged in:
  • How U.S. Power Generators Are Preparing for 2014

    The business environment for generating companies worldwide continues to become increasingly complex, and not just as a result of regulations. Even in the U.S., the concerns and constraints faced by generators

    Tagged in:
  • Europe Faces Capacity and Cost Challenges in 2014

    This is expected to be the year when modest economic growth at last returns to a recession-hit Europe. Recent depressed power demand from industry has already allowed the 27 countries of the European Union

    Tagged in:
  • Fighting Bovine Flatulence

    Cows get little respect these days. Except, of course, when cow is in the form of a two-inch-thick steak cooked medium-well and served still sizzling from the grill. Others prefer their beef served in a sack passed through a window. Either way, your favorite serving of beef is under attack. First came the revelation that […]

  • Hydropower Regulation: A Bipartisan Success Story

    On August 9, 2013, President Obama signed into law the “Hydropower Regulatory Efficiency Act of 2013” (the “Act”).  This legislation, passed with overwhelming support in the House and Senate, streamlines the regulatory approval process for certain hydroelectric power (“hydropower”) projects.  Perhaps more importantly, the Act reflects bipartisan recognition of the benefits of hydropower. According to […]

  • Beyond the Renewable Portfolio Standard

    Renewable portfolio standards (RPSs) have been remarkably successful in boosting renewable generation, especially in the western U.S., where most states enjoy large areas of prime wind and solar potential

    Tagged in:
  • Federal Court Orders EPA to Move on Coal Ash Regs

    A federal judge in Washington, D.C., issued a formal order today giving the Environmental Protection Agency (EPA) 60 days to set a deadline for issuing revised coal ash regulations, agreeing with a coalition of environmental groups that the agency has failed to timely complete its review process in accordance with provisions of the Resource Conservation […]

    Tagged in:
  • Federal Court Blocks New Jersey Plan to Subsidize New Plants

    Following up on a similar decision in Maryland last month, a federal court threw out New Jersey’s attempt to spur construction of new power plants outside of PJM’s capacity auctions, saying that it was an unconstitutional state attempt to interfere with the wholesale power market. New Jersey’s Long-Term Capacity Pilot Project (LCAPP), enacted in 2011, […]

    Tagged in: