Legal & Regulatory

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 […]

The Department of Energy (DOE) issued an unprecedented emergency order on April 14 to keep open a power plant that had been slated for shutdown under the Mercury and Air Toxics Standards (MATS) in a bid to secure electric reliability. The DOE’s order was issued under the Federal Power Act Section 202(c). It inaugurates the […]

The Barack Obama administration waged war on the coal industry, but that’s all over now, recently confirmed Secretary of Energy Rick Perry told the National Coal Council (NCC) during its annual spring meeting. The NCC is an advisory board to the secretary of energy tasked with providing expert advice on matters of the coal industry. […]

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 […]

U.S. coal production in 2016 reached its lowest level since 1978. However, in its Annual Energy Outlook published in February 2017, the U.S. Energy Information Administration (EIA) expects coal-fired power to

A decade ago, the annual Platts nuclear energy conference in Washington was brimming with optimism over a coming “nuclear renaissance,” as licensing requests poured into the Nuclear Regulatory Commission

There have been numerous pronouncements recently about the upcoming demise of the bulk power grid as consumers are projected to move toward decentralized green energy sources. We don’t believe that the end

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 […]

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 […]

AES subsidiary Dayton Power & Light (DP&L) confirmed on March 20 that it will close two of its coal-fired plants by 2018 because they have become uneconomic. The Ohio utility announced its intent to close the two plants in January as part of a settlement over its future reliability planning. The plan had been contested […]

In a ruling that stunned the nation, a district court in Japan awarded damages to 62 plaintiffs who lived near the Fukushima Daiichi Nuclear Power Plant before the 2011 disaster, finding that plant owner Tokyo Electric Power Co. (TEPCO) and the Japanese government were aware of risks to the plant and could have taken measures […]

President Donald Trump’s proposed budget, which cuts funding for the Environmental Protection Agency (EPA) by 31%, will not be received favorably by the American people, former EPA Administrators Gina McCarthy and Carol Browner said March 17 during a call with the press. “This is clear what’s happening. The White House has made a decision that […]

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 […]

The Environmental Protection Agency’s (EPA’s) administrative priorities will be reined in to focus on process, rule of law, and cooperation with states, the agency’s new head Scott Pruitt told attendees at CERAweek by IHS Markit on March 9. Since the former Oklahoma Attorney General was sworn in as EPA administrator in late February, the agency has […]

With a vote of 62–37, the Senate on March 2 confirmed former Texas governor Rick Perry as the new secretary of energy. Perry received the support of 10 Democratic senators: Mark Warner (Va.), Joe Manchin (W.Va.), Heidi Heitkamp (N.D.), Tom Udall (N.M.), Catherine Cortez Masto (Nev.), Debbie Stabenow (Mich.), Claire McCaskill (Mo.), Jon Tester (Mont.), […]

Regardless of recent federal support for a revitalization of coal in the U.S., “the economics are challenged,” Lynn Good, CEO of Duke Energy, said March 1 during a presentation at the U.S. Department of Energy’s (DOE) Advanced Research Projects Agency-Energy (ARPA-E) Energy Innovation Summit. “I think coal continues to be an important part of a […]

An executive order signed by President Donald Trump on February 27 authorizes the Environmental Protection Agency (EPA) to rewrite a contentious rule asserting federal authority over small bodies of water. The Waters of the U.S. (WOTUS) rule, also known as the “Clean Water Rule,” finalized by the EPA and the U.S. Army Corps of Engineers […]

Meeting the requirements of the Effluent Limitations Guidelines (ELG) means careful consideration of the various options. Both biological treatment and zero liquid discharge (ZLD) approaches have their place, but ZLD may offer more flexibility for the future. On September 30, 2015, the Environmental Protection Agency (EPA) issued the final effluent limitation guidelines (ELGs) rule for […]

On January 30, as part of a flurry of new policies, President Donald Trump signed the “Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs.” The stated purpose of this order is to reduce the federal regulatory burden on the U.S. economy. The outcome, at least in the short term, is likely to be […]

The Environmental Protection Agency (EPA) of the next four years is going to be a very different beast than the EPA under the presidency of Barack Obama, newly confirmed EPA Administrator Scott Pruitt said on February 25 while addressing the Conservative Political Action Conference (CPAC). “We’re going to restore power back to the people. We’re […]

The Donald Trump administration can look to the energy sector to increase federal revenue and offset the national debt in numerous ways, but there are pros and cons to everything, according to a panel presenting at the Cato Institute February 22. Carbon pricing has long been the preferred economic means of mitigating carbon emissions. A […]

In a final 52–46 vote, the Senate on Friday confirmed Oklahoma Attorney General Scott Pruitt as Donald Trump’s nominee to lead the Environmental Protection Agency (EPA). The vote was mostly along party lines. Every Republican present except Sen. Susan Collins (R-Maine) voted for Pruitt (Sen. John McCain [R-Ariz.] did not vote because he is at […]

A state court ordered Oklahoma Attorney General Scott Pruitt to turn over more than 2,500 emails his office withheld from open records requests relating to communications with coal, oil, and gas corporations. The order came a day before the Senate is poised to confirm him as President Donald Trump’s nominee to lead the Environmental Protection […]

Former President Barack Obama’s regulation-heavy Climate Action Plan was inefficient and should be replaced with a carbon tax, a group of senior Republican statesmen told White House officials during a February 8 meeting. The new pitch is laid out in a paper by the Climate Leadership Council — whose membership includes former GOP Treasury Secretaries […]

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 […]

As House Republicans issued a bill to dismantle the U.S. Environmental Protection Agency (EPA) this week, a House committee held a hearing on how to make the agency “great again,” and former EPA employees expressed serious concerns about the looming nomination of Scott Pruitt to head the agency. The bill (H.R. 861), which seeks to […]

What do we know as of February 1 about key Trump appointees responsible for administering White House policies affecting the power generation industry? Not much. As the Trump administration settles in, how his teams at energy and environment agencies will implement his policy agenda remains unclear, as does his agenda. At the end of January, […]

Democrats on the Senate Environment and Public Works Committee are digging their heels in, refusing to allow a vote on President Donald Trump’s nominee for administrator of the Environmental Protection Agency (EPA), Oklahoma Attorney General Scott Pruitt. Pruitt’s nomination was due to come to a vote February 1, but when it came time to gavel […]

As concerns about grid security increase globally, it’s a good time to review the history, scope, and effect of North American electric system reliability standards. As the threat landscape changes, standards alone are not enough. Mandatory. That’s the key word in the Energy Policy Act of 2005 (EPAct) where grid security is concerned. Within two […]

Complying with reliability standards requires considerable resource planning. The tools and suggestions provided here may help engineers conform to new generator relay loadability requirements. But compliance