Legal & Regulatory

U.S. Supreme Court Chief Justice John Roberts rejected the plea of 20 states to stay the Environmental Protection Agency’s (EPA’s) Mercury and Air Toxics Standards (MATS) rule while the agency works to comply with a previous ruling. Michigan Attorney General Bill Schuette had requested the stay to pause any further action to implement the rule […]

The Oregon Senate passed a bill on March 2 that will require electric companies in the state to eliminate coal-fired resources from their electrical supplies by January 1, 2030. The bill—which passed in the senate by a 17–12 vote—had already been passed by the Oregon House of Representatives (38–20). It now heads to Gov. Kate […]

The disposal of coal ash, a combustion byproduct from coal-fired power plants, was propelled into the national conversation on December 22, 2008, when the Tennessee Valley Authority (TVA) Kingston power plant suffered one of the largest coal ash spills in history. Calls for regulatory action shifted pitch again after the Duke Energy Dan River spill […]

Legal battles to stall the 11-GW Belo Monte hydroelectric dam—being built on the Xingu River in Amazon forest for one of the world’s largest power plants—are raging on in Brazil (Figure 1). In January

Regulatory attention is rarely welcome in the best of times. When the attention is focused on a practice that has been standard operating procedure for more than a century—especially a practice that has left

Germany’s Energiewende (energy transition) was adopted as policy beginning in September 2010, some six months before the disaster at Japan’s Fukushima nuclear plant, and full legislative support was

In late 2015, the U.S. Environmental Protection Agency (EPA) published new regulations governing wastewater discharge from steam electric power plants. These new regulations, or effluent limitation guidelines

New reports released this week see big growth in renewables from the recently extended federal tax credits, but big uncertainty due to the possible end of the Clean Power Plan (CPP). New York-based consulting firm Rhodium Group says investment plans in the power sector will be radically different if the Clean Power Plan doesn’t happen. […]

The District of Columbia Public Service Commission (PSC) on Friday (Feb. 26) rejected a restructured $6.8 billion merger proposal between Exelon and local electric utility Pepco, but offered a counter proposal with conditions that the two companies are likely to approve easily, according to local opponents of the merger. The commission turned down the merger […]

Rallied by the Supreme Court’s unprecedented stay of the Environmental Protection Agency’s (EPA) Clean Power Plan, a coalition of 20 states has asked the high court to stay another disputed agency rule: the Mercury and Air Toxics Standards (MATS). The states are: Alabama, Alaska, Arizona, Arkansas, Idaho, Iowa, Kansas, Kentucky, Michigan, Mississippi, Missouri, Nebraska, North […]

  Power generators consumed 34% of total U.S. energy uses from fossil fuels and accounted for 39% of the nation’s carbon emissions from fossil fuel combustion in 2014—a fraction of a percent more than in 2013—the Environmental Protection Agency (EPA) said in its newly released Greenhouse Gas Inventory report. In 2014, 2,054.8 million metric tons […]

Despite the unprecedented stay by the Supreme Court, the Environmental Protection Agency’s (EPA’s) Clean Power Plan will withstand legal challenges “based on its merits,” predicted the agency’s head, Gina McCarthy, at the IHS CERAWeek conference in Houston. McCarthy discussed the plan and other recent initiatives to stem greenhouse gas emissions—including recently announced rules to curb […]

In the week since the highest court in the U.S. issued an unprecedented ruling to stay the Clean Power Plan—as at least two states suspended compliance efforts—the passing of Supreme Court Justice Antonin Scalia may have boosted the odds that the Obama administration’s efforts to stem power plant carbon emissions will pass judicial review. The […]

The governors of 17 U.S. states on February 16 signed a landmark agreement to cooperate on expanding clean energy, energy efficiency, and modernizing energy infrastructure. The Governors’ Accord For A New Energy Future makes the case that “new energy solutions” can “provide more durable and resilient infrastructure, and enable economic growth, while protecting the health […]

Dealing a major blow to the Obama administration’s climate agenda, the U.S. Supreme Court by a 5-4 vote stayed implementation of the Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) pending a decision on its legality in the D.C Circuit Court of Appeals. The one-page order gives no explanation for the court’s action, but issuance […]

The North Carolina Department of Environmental Quality (NCDEQ) issued a $6.6 million fine to Duke Energy on February 8 for environmental violations related to the February 2014 coal ash spill from the Dan River power plant near Eden, N.C. Although the fine is not insignificant, it pales in comparison to the $102 million the company […]

The Environmental Protection Agency’s (EPA’s) acting administrator of the Office of Air and Radiation, and the Department of Energy’s (DOE’s) head of clean coal and carbon management gave upbeat assessments of the Obama administration’s regulatory agenda and power sector priorities speaking at the EUEC 2016 conference in San Diego on February 3. Janet McCabe of […]

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

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.

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 […]

Entergy has asked a federal court to invalidate a November 6 New York state (NYS) objection to a certification needed for the 20-year license extension of its Indian Point nuclear facilities by the Nuclear Regulatory Commission (NRC). The state’s Department of State (DOS) claimed in its decision that Entergy’s twin nuclear reactors, which supply nearly 25% […]

In a voice vote on January 12, the Wisconsin Assembly passed AB 384, a bill that would repeal the statute currently preventing the state Public Service Commission (PSC) from authorizing construction of nuclear power plants in Wisconsin. Specifically, Wisconsin law states that construction of new facilities cannot commence until the PSC issues a “certificate of […]

The month-old agreements that seemed to provide a lifeline for an array of coal-fired and nuclear power plants in Ohio owned by American Electric Power (AEP) and FirstEnergy have come under attack by other generators who say they can meet the demand at a lower cost to state taxpayers. AEP reached an eight-year power-purchase agreement (PPA) […]