Legal & Regulatory

The Environmental Protection Agency (EPA) has announced a plan to implement a new label program that it expects will help federal purchasers and buyers find and choose more climate-friendly construction materials. Under the label program, which stems from “extensive public input,” the EPA will initially focus on asphalt, concrete, glass, and steel products with “lower […]

India’s Atomic Energy Regulatory Board (AERB) will allow the country’s flagship 500-MWe/1,250-MWth prototype fast-breeder reactor (PFBR) in Kalpakkam, Tamil Nadu, to approach criticality. The nuclear energy safety watchdog on July 30 granted state-owned Bharatiya Nabhikiya Vidyut Nigam Ltd. (BHAVINI) permission to embark on the final stage of core loading following assessments, extensive safety reviews, and plant […]

This June, the European Council formally adopted a first-of-its-kind regulation that sets out to restore at least 20% of the European Union’s (EU’s) land and sea areas by 2030 and all ecosystems in need of

Transitioning the world towards cleaner and greener energy is proving to be more challenging than we once all hoped. There are real concerns about what impact the slower speed of uptake is having on our

The U.S. Supreme Court recently overturned the longstanding Chevron doctrine, a foundation of administrative law for 40 years, when it ruled on Loper Bright Enterprises v. Raimondo . The impacts on a wide

The U.S. Court of Appeals for the District of Columbia has denied motions to stay a suite of Environmental Protection Agency (EPA) regulations that champion carbon capture and storage (CCS) technology as a key pathway for reducing greenhouse gas emissions (GHGs) from fossil fuel-fired power plants. The rules face legal challenges from 24 states, eight […]

Maryland Gov. Wes Moore in May of this year signed the Brighter Tomorrow Act into law. The measure expands the solar facilities that qualify for subsidy, and improve the level of subsidy, and contains certain miscellaneous provisions applicable generally expanding access to subsidies—as well as benefits to workers and persons of low to moderate income. […]

South African state-owned utility Eskom has garnered the National Nuclear Regulator’s (NNR’s) approval to continue operating Unit 1 of the 1,860-MW Koeberg Nuclear Power Station for another 20 years, until July 21, 2044. The nuclear regulator’s approval effectively extends the lifetime of the 930-MW unit to 60 years. The unit’s current 40-year license was set […]

The U.S. Supreme Court on June 28 overturned the Chevron doctrine—a forty-year-old precedent—significantly curtailing the power of federal agencies to interpret ambiguous statutory provisions, even in areas of agency expertise. The landmark 6–3 decision could have far-reaching effects on the power industry, with specific impact on sweeping energy regulations from the Environmental Protection Agency (EPA) […]

In a strategic move to jumpstart domestic uranium enrichment capacity in the U.S., the Department of Energy (DOE) has launched a request for proposals (RFP) to buy low-enriched uranium (LEU) from domestic suppliers. The RFP will seek LEU through procurement contracts for indefinite quantity and indefinite delivery (IDIQ). It could result in awards of “two […]

There has been a growing consensus in recent years that the transmission planning process must be reformed to ensure reliability in the face of a rapidly changing grid. Despite the need for new transmission to

The U.S. Court of Appeals in Washington, D.C., on June 28 blocked the coal power industry’s attempt to get out of the requirement that they prevent toxic coal ash from contaminating groundwater. The court affirmed that the EPA regulations established in 2015 already prohibit closing coal ash dumps with ash sitting in groundwater. Industry filed […]

Colorado electric cooperative Tri-State Generation and Transmission Association is proposing aid to coal communities in its service territory as part of an unopposed comprehensive settlement of the first phase of  the group’s recent Electric Resource Plan (ERP). The company on June 27 said the filing is an important milestone in the energy transition of the […]

The U.S. Supreme Court in a 5–4 vote blocked enforcement of the Environmental Protection Agency’s (EPA’s) final “Good Neighbor Plan,” a rule intended to significantly cut smog-forming nitrogen oxide (NOx) pollution from power plants and other industrial facilities in 23 states. In the meantime, the applicants, which include the states of Ohio, Indiana, and West […]

The U.S. Senate has passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act, sweeping legislation that seeks to promote U.S. nuclear leadership, accelerate advanced nuclear technology development while preserving existing nuclear generation, bolster national security measures, and enhance regulatory efficiency to support new nuclear deployment. The Senate passed the bill on […]

Forty-three Republican senators (along with one Independent) introduced a Congressional Review Act (CRA) resolution of disapproval on June 5 to overturn emissions rules issued by the Environmental Protection Agency (EPA), which they say target existing coal-fired power plants and new gas-fired plants. The action was led by U.S. Sen. Shelley Moore Capito (R-W.Va.), Ranking Member […]

In a significant push toward modernizing America’s aging grid infrastructure, the Biden administration, in partnership with 21 states, has launched the Federal-State Modern Grid Deployment Initiative. The measure marks the latest triumph for transmission and distribution (T&D), which has seen “lumpy” progress in recent decades. The initiative unveiled on May 28 essentially seeks to establish […]

It’s welcome that the U.S. House of Representatives in April revived policy discussions over nuclear waste. Our organizations support nuclear energy as a tool of economic opportunity and emissions reduction, and we believe that nuclear’s sustainable expansion is necessary for global health and prosperity. Nuclear’s role in deep decarbonization is clearer than ever, especially as […]

The past few years have shown that the need for cleaner energy sources is only growing, while balancing economic and infrastructure concerns remains vital to safeguard American energy dominance and security. The 2021 Bipartisan Infrastructure Law and 2022 Inflation Reduction Act are two recent examples of massive investments into American infrastructure and jobs, forging ahead […]

It’s no secret that the U.S. electric power system has undergone a remarkable transition that continues today. Coal-fired generation, which was the leading source of power generation during the 20th century, often providing more than half of the country’s electricity supply, fell to about 16.2% of the mix in 2023. Meanwhile, the U.S. solar market […]

More than two dozen states and a handful of trade groups filed separate lawsuits in the U.S. Court of Appeals for the D.C. Circuit, challenging parts of the Environmental Protection Agency’s (EPA’s) suite of new final environmental regulations targeting fossil-fired power plants. The challenges respond to the publication in the Federal Register on May 9 […]

There are numerous articles and studies warning of the fragile nature of America’s electric grid. The vulnerabilities will only become more apparent as we continue to undergo a fundamental shift in how

The U.S. government offers certain benefits to renewable energy projects, primarily in the form of tax credits and depreciation. But the reality is that a growing number of tax-equity partnerships are reaching the end of their lifespan, and the sponsors and tax-equity investors in these projects need to be preparing for the future. In fact, […]

In an unprecedented move, the U.S. Environmental Protection Agency (EPA) on April 25 simultaneously finalized four major environmental rules covering greenhouse gases (GHG), air toxics, wastewater discharges, and coal combustion residuals from fossil fuel-fired power plants. Among the rules is the EPA’s final Carbon Pollution Standards, which marks the agency’s third attempt to broadly curb […]

The Biden administration has unveiled several sweeping actions over the past month aimed at boosting clean energy deployment, enhancing manufacturing jobs, and reducing pollutant emissions across the power sector. The measures—many announced as part of a comprehensive Earth Week agenda on April 25—are notable for their strategic push in an election year, highlighting the administration’s […]

The Nuclear Regulatory Commission (NRC) has voted to codify proposed changes to streamline a key environmental review process for advanced nuclear reactors. Nuclear advocates lauded the measure as one of the regulator’s most important actions in 2024.    The NRC on April 17 approved its staff’s recommendation to publish a proposed rule that would amend […]

The Federal Energy Regulatory Commission (FERC) in its March 2024 open meeting made clear that successful energy transition requires immediate action. With the Inflation Reduction Act (IRA) as a benchmark, the U.S. will need to expand its electrical transmission capacity at an annual rate double that seen between 1978 and 2020, as reported by the […]

The U.S. Environmental Protection Agency (EPA) has denied an industry petition seeking to delist stationary combustion turbines from the agency’s list of hazardous air pollutants (HAP) major source categories regulated under section 112 of the Clean Air Act (CAA). The agency’s final action on April 11 responds to an August 2019 petition filed by several […]

In a time where capacity revenues are pricing lower and many generation owners find that their facilities are not being dispatched for energy on a consistent basis, reliable revenue streams are increasingly important. In addition to selling energy and capacity, many generation facilities collect fixed, monthly payments for the provision of “reactive power,” which are […]

The U.S. Department of Energy’s (DOE’s) final energy efficiency standards for distribution transformers appear to strike a compromise with industry, softening the agency’s stance on steel requirements for essential transformer components and extending compliance deadlines to five years. The DOE’s final standards issued on April 4 seek to reduce losses in three types of distribution […]