Legal & Regulatory

 The Environmental Protection Agency’s (EPA’s) proposed New Source Performance Standards (NSPS) for greenhouse gas (GHG) emissions from new power plants violates the Energy Policy Act (EPACT) of 2005, a suit filed in federal court by the state of Nebraska alleges.  The state alleges, as have a number of Republican lawmakers, that the EPA relied on […]

The Democrat-controlled Colorado Senate on Jan. 15 blocked a bill that would have reversed the state’s controversial renewable energy mandate for rural electric cooperatives. Colorado has had a renewable portfolio standard (RPS) since 2004, when it became the first state in the U.S. to mandate a percentage of renewable generation in retail electricity sales, but […]

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 […]

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 Originally enacted in 1992, the federal renewable electricity PTC has been renewed and expanded numerous times—most recently by the American […]

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

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

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

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 […]

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 […]

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

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 […]

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, […]

With the recent push for the regulation of carbon dioxide emissions from new and existing power plants (see “Turning the Heat Up on Carbon Emissions” in the October 2013 issue of POWER), the science behind this action needs to be revisited. The regulation of carbon dioxide emissions will apply to all fossil fuel energy sources; […]

The cost of producing electricity by natural gas and coal finished 2012 in a dead heat and future cost trends are very difficult to predict. One can read the projections (not predictions) by the U.S. Energy Information Administration and find evidence that coal is disadvantaged based on the rising cost of environmental compliance but the […]

A federal court on Sept. 30 shot down Maryland’s drive to spur construction of a new combined cycle power plant outside of PJM’s capacity auctions. Ruling in favor of various entities that had sued to block the plan, the U.S. District Court for the District of Maryland found that the state’s order last year for […]

An abundance of North American natural gas, coupled with high foreign demand, has sparked interest in exportation of natural gas. However, liquefied natural gas (LNG) facilities are controversial. Some

Energy-hungry India’s power sector is financially hemorrhaging due to a number of critical issues relating to the availability of coal and gas, its loss-making state power distribution companies, and costly

U.S. states vary widely on how they are regulating the booming business of producing natural gas from shale formations, according to a study released this summer by the Washington environmental think tank Resources for the Future (RFF). “As the shale gas boom has taken off,” says RFF, “states have updated their regulations, each with varying […]

The state of Oklahoma and Oklahoma Gas and Electric (OG&E) on Tuesday asked the full 10-judge panel at the 10th Circuit Court of Appeals to review their challenge to the Environmental Protection Agency’s (EPA’s) implementation of a regional haze rule to limit emissions from power plants in the state. The move follows a decision by […]

In March 2013, and for the first time in the 35-year history of the Public Utility Regulatory Policies Act of 1978 (PURPA), the Federal Energy Regulatory Commission (FERC) initiated an enforcement action in

By Kelly A. DalyFERC Moves on Natural Gas–Electric CoordinationBy Kelly A. DalyNatural gas–fired power generation has increased significantly in recent years. This trend generally is considered a positive

In a decision that sets precedent, a federal court last week ruled that residents neighboring a Pennsylvania coal-fired power plant may sue for property damage even though the plant fully complies with state and federal emissions rules. The U.S. Court of Appeals for the Third Circuit sided with two named plaintiffs in a class action […]

The backlash against renewable portfolio standards (RPSs) has begun in earnest. In more than 20 states across the country, efforts are afoot to freeze, water down, or repeal one standard or another.

Despite a broad-based assault across the country, state renewable portfolio standards have survived this round, with a few seeing expansion.

A recent report from the Congressional Budget Office confirms that a carbon tax would mean substantial revenues for the government. But the impacts would be many, varied—and unequal.

The legal turmoil surrounding the National Labor Relations Board (NLRB) continues as a federal appeals court has struck down another pro-labor ruling by the board, while challenging its authority to act at all. At the same time, in a directly related matter, the membership of the board and whether it has a legal quorum continues, with Congress getting into the act.

MANAGING POWER talks to energy veteran and president of Resources for the Future Phil Sharp about the complexities of energy policy.

The PTC has led to unprecedented growth in wind capacity. But the distortions it creates in the energy market are damaging future prospects for nuclear power.

The transformative increases in current and expected future domestic natural gas production have spawned yet another energy debate: Should the U.S. should export natural gas?