D.C. Circuit

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 […]

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 […]

The U.S. Supreme Court is hearing arguments on a landmark case that could determine whether the Environmental Protection Agency (EPA) has the authority to broadly interpret the Clean Air Act (CAA) to establish carbon emission standards for coal, oil, and gas-fired power plants. Arguments in West Virginia v. Environmental Protection Agency (No. 20-1530) presented to […]

A coalition of 22 states and seven local governments on Aug. 13 filed a lawsuit against the Environmental Protection Agency (EPA) over its Affordable Clean Energy (ACE) rule, which the Trump administration finalized in June to replace the Obama administration’s legacy Clean Power Plan (CPP).  Separately, 10 public interest groups filed a petition on Aug. […]

The Environmental Protection Agency (EPA) has issued a final Affordable Clean Energy (ACE) rule to formally replace the Obama administration’s controversial Clean Power Plan (CPP).  Like the CPP, the June 19–issued final ACE rule will regulate greenhouse gases (GHGs), and it will be founded firmly on the agency’s 2009 Endangerment Finding. However, the ACE rule focuses […]

The Environmental Protection Agency (EPA) confirmed it has submitted proposed changes to the Mercury and Air Toxics Standards (MATS) to the White House for review, despite urging by the industry to let the rule stand. EPA spokesperson John Konkus told POWERon October 2 that the agency does not intend to withdraw the existing MATS. It […]

Seventeen states have asked the U.S. Court of Appeals for the D.C. Circuit to reject the Trump administration’s efforts to further delay the court’s decision on legal challenges to the Clean Power Plan. In a filing with the court on September 4, the attorneys general of California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, […]

The Environmental Protection Agency (EPA) does not intend to revisit national ambient air quality standards (NAAQS) for ozone that the Obama administration issued in 2015, a court filing shows.  The agency said in its final status report submitted to the U.S. Court of Appeals for the D.C. Circuit on August 1 that it has reviewed […]

The Environmental Protection Agency (EPA) has proposed more than a dozen significant changes to the Obama administration’s final 2015 rule governing disposal of coal combustion residuals (CCR) by the nation’s power generators. EPA Administrator Scott Pruitt on March 1 signed the first of two rules that propose to amend the 2015 rule, saying the changes […]

The Environmental Protection Agency’s (EPA’s) recent request that the D.C. Circuit hold a case challenging the Clean Power Plan in additional abeyance until it concludes rulemaking has been strongly opposed by 17 states and several cities. The EPA, in its latest 30-day court-required status report filed on January 10, asked the federal court for continued […]

In two separate actions over the past 24 hours, the D.C. Circuit granted the Environmental Protection Agency’s (EPA’s) request to suspend cases challenging the Clean Power Plan and the Mercury and Air Toxics Standards (MATS).   The orders are the latest in a series of similar actions over the past month by the D.C. Circuit that […]

A three-judge panel for the D.C. Circuit on April 18 unanimously upheld Order No. 1000, denying multiple challenges by New England power firms and state regulators to the Federal Energy Regulatory Commission’s (FERC’s) controversial mandate that requires utilities to remove certain “right of first refusal” provisions from existing tariffs and agreements. The decision in Emera […]

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 […]

If the Clean Power Plan is scrapped or weakened, the Environmental Protection Agency (EPA) may be forced to regulate greenhouse gases (GHGs) emitted by existing power plant with wider repercussions under its National Ambient Air Quality Standards (NAAQS) program, experts have warned. While President-Elect Donald Trump promised to “scrap” the Clean Power Plan during his […]

Oral arguments on the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan were concluded before an en banc panel (10 judges, rather than the anticipated three) at the D.C. Circuit Court of Appeals on September 27. West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important environmental case in nearly […]

Oral arguments to assess the merits of the Clean Power Plan will now take place before a nine-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit on September 27, bypassing review of challenges to the Environmental Protection Agency’s (EPA’s) controversial rule by a three-judge panel that was originally scheduled to […]

  A recent motion filed by the Environmental Protection Agency (EPA) asking a federal court to remand parts of its final coal combustion residuals (CCR) rule could have major new consequences for the power sector if upheld, an expert has said. In its 16-page motion filed on April 18, the agency asked the U.S. Court of Appeals […]

Public benefits offered by the Mercury and Air Toxics Standards (MATS) far outweigh the costs, the Environmental Protection Agency (EPA) said as it released a review of the 2012-finalized rule’s cost implications. The final cost consideration—released just days before power plants that received a one-year extension must come into compliance with the rule—was prompted by […]

Over the past week, several states took action on the Clean Power Plan as Senate Majority Leader Mitch McConnell (R-Ky.) urged governors to “wait and see” on the carbon rule, and the Environmental Protection Agency’s (EPA’s) chief defended the rule. McConnell Urges Governors to Halt Compliance Work. In a March 21 letter to the National […]

Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia, is President Obama’s nominee to the U.S. Supreme Court. Here’s a roundup of Garland’s more recent power sector rulings. July 2015: On Backup Generators Chief Judge Garland and senior circuit Judges Williams and Randolph repealed part of the Environmental Protection […]

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 […]

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 […]

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 […]

The Mercury and Air Toxics Standards (MATS) will remain in effect as the Environmental Protection Agency (EPA) works on a final cost finding, the U.S. Court of Appeals for the D.C. Circuit ordered on Dec. 15. The court noted in a two-page order that the EPA “has represented that it is on track to issue […]

The U.S. Court of Appeals for the D.C. Circuit on Wednesday rejected a request by 15 U.S. states to stay the Environmental Protection Agency’s (EPA’s) Clean Power Plan. In a one-page order, the three-judge panel dismissed the request filed on Aug. 13 by a coal company and the coalition of states led by West Virginia’s […]

The Environmental Protection Agency (EPA) will issue revised Mercury and Air Toxics Standards (MATS) and legally required cost-benefit analyses by April 15, 2016, court documents show. In an Aug. 10 motion filed with the D.C. Circuit for White Stallion Energy Center v. EPA (12-1100), the EPA said it intends to seek remand without vacatur (which […]

Editor’s note (Aug. 3): Adds compliance cost details, key changes The Environmental Protection Agency’s (EPA’s) final Clean Power Plan will seek to tamp down the nation’s carbon dioxide (CO2) emissions from the power sector by 32% from 2005 levels by 2030—about 9% more ambitious than its original proposal. The first-ever final national standards to limit […]

The D.C. Circuit rejected challenges to the Environmental Protection Agency’s (EPA’s) proposed carbon rules for existing power plants, ruling that it has no authority to review rules that aren’t yet final.  “Petitioners are champing at the bit to challenge EPA’s anticipated rule restricting carbon dioxide emissions from existing power plants. But EPA has not yet […]

Affirmative defense provisions can no longer insulate generators from monetary penalties for Clean Air Act violations that result from facility startup, shutdown, and equipment malfunction, the Environmental Protection Agency (EPA) has proposed.  In a supplemental notice of proposed rulemaking (SNPR) published on Sept. 17 in the Federal Register, the agency proposes to revise its February […]

A federal court on April 15 upheld the Environmental Protection Agency’s (EPA’s) February 2012-finalized Mercury and Air Toxics Standards (MATS), ruling in a 2–1 decision that the agency is not required to take costs into account when it promulgates rules that are “appropriate and necessary” to address hazards to public health. In the U.S. Court […]