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 […]