lawsuit

A group of attorneys general from 17 states, along with the District of Columbia, is suing the Trump administration over the president’s move to suspend leasing and permitting of new U.S. wind energy projects.

A judge has ruled that construction of natural gas-fired power plant in Montana can resume, two months after the same judge ordered the project halted due to environmental concerns. The 175-MW Yellowstone County Generating Station, a $283 million facility sited near Laurel, has been dogged by legal actions after its air permit was challenged in […]

The Biden administration in February announced that for the remainder of 2021, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon

General Electric (GE) has filed a lawsuit accusing “willful and malicious misappropriation of GE’s trade secrets” by Siemens Energy, charging that a current Siemens employee “knowingly and surreptitiously” received GE intellectual property, which led to Siemens using the information to improve its own bids for lucrative contracts supplying gas turbines to utilities. GE in the […]

The fight about who owns equipment at the now-abandoned V.C. Summer 2 and 3 AP1000 reactors in South Carolina intensified on May 14, as key stakeholder Santee Cooper sued lead contractor Westinghouse for certification documentation related to that equipment.  The lawsuit filed with the U.S. District Court for the District of South Carolina, Charleston Division, […]

If you’ve been following the news, you know that Pacific Gas and Electric Co. (PG&E) recently filed for Chapter 11 bankruptcy protection because it is facing tens of billions of dollars in liability for

As a vote by owners on the fate of the Vogtle nuclear expansion project hangs in the balance, the City of Jacksonville, Florida, and JEA—the city’s municipal utility that serves about 458,000 electric customers—filed a complaint in the Fourth Judicial Circuit Court of Florida on September 11 asking for declaratory judgment on a power purchase […]

The Colorado Springs City Council, which also serves as the board for community-owned Colorado Springs Utilities (CSU), approved the settlement of a lawsuit brought against the city’s downtown coal-fired Martin Drake Power Plant, an agreement that in part promises CSU will look at options for 100% of its power to come from renewable sources as […]

The Supreme Court for the state of New Mexico affirmed a final order by state regulators to allow Public Service Company of New Mexico (PNM) to replace lost generation from two shuttered units at its 1,800-MW coal-fired San Juan Regional Generation Station with coal and nuclear resources. The case stems from a petition filed by […]

Eight northeastern states are again suing the Environmental Protection Agency (EPA) to force the agency to slash emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs) blowing in from power plants and other sources in nine “upwind” Midwestern and southern states. The Ozone Transport Region, which was established by Congress under Section 184 of […]

Citing its backing for the long-stalled Yucca Mountain permanent spent nuclear waste repository in Nevada, the Trump administration has asked a federal court to reject a petition filed by Texas in which the state sought a court-supervised process to take over administrative proceedings so as to guarantee licensing and eventual construction of project. Texas filed […]

A group of power companies have filed a federal lawsuit against the State of Illinois, challenging a recently enacted law that creates subsidies for Exelon’s uneconomic nuclear power plants. The plaintiffs in the lawsuit filed on February 14 in the Northern District of Illinois are the Electric Power Supply Association (EPSA), Dynegy, Eastern Generation, NRG […]

While admitting no wrongdoing or liability, Duke Energy reached an agreement with the U.S. government to resolve a lawsuit related to its acquisition of a Florida gas-fired power plant. The plant in question—Osprey Energy Center (Figure 1)—is a 537-MW two-unit combined cycle facility located in Auburndale, Fla., that Duke Energy purchased from Calpine Construction Finance […]

A federal court has ordered the Environmental Protection Agency (EPA) to file a plan and schedule to evaluate the consequences of its air pollution rules on jobs, finding for a giant coal company that is suing the agency for an alleged “war on coal” waged over the past five years. In an October 17 summary […]

Six northeastern states are suing the Environmental Protection Agency (EPA) to force it to act on controlling air pollution blowing in from coal-fired power plants located in nine Midwestern and southern states. New York, Connecticut, Massachusetts, New Hampshire, Rhode Island, and Vermont on October 7 filed a lawsuit in the U.S. District Court for the […]

A diverse coalition of major investor-owned utilities, public power authorities, and one of the largest independent power producers, as well as a combination of cities and states, clean energy groups, and environmental groups, filed briefs with the D.C. Circuit Court of Appeals in support of the Environmental Protection Agency’s (EPA’s) Clean Power Plan. The involved […]

Distributed energy firm Vivint Solar has terminated an agreement under which it would have merged with renewables giant SunEdison in a $2.2 billion deal. The Lehi, Utah–based company told investors on March 8 that it had delivered a letter notifying SunEdison that the merger agreement had been terminated, owing to SunEdison’s “failure to meet obligations” […]

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 […]

Reports out of Germany suggest that the city of Aachen plans to sue the Tihange nuclear power plant over what it claims is the plant’s failure to adequately address safety issues at the facility. Aachen—a city with roughly 250,000 people—is located about 71 km (44 miles) west of Cologne on Germany’s border with Belgium and […]

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 […]

Texas is the latest state to file suit against the Environmental Protection Agency (EPA) over its recently finalized standards for ozone. The state joins Arizona, Arkansas, Kentucky, New Mexico, North Dakota, Oklahoma, Utah, and Wisconsin, which have legally challenged the final version of the EPA’s National Ambient Air Quality Standards (NAAQS) for ozone since its […]

Climate change litigation in the U.S. has far outpaced climate litigation in any other jurisdiction. In fact, according to Teri Donaldson, partner with DLA Piper, more lawsuits concerning climate change have been decided or settled in the U.S. than in the rest of the world combined. “The success rate in these cases is very low,” […]

It took only minutes for opponents to the Obama administration’s Clean Power Plan to reduce carbon dioxide emissions from coal-fired power plants to head for the courts. The Environmental Protection Agency (EPA) plan became official, published in the Federal Register on Friday morning. The race to the courthouse was on. The first electric utility in […]

A federal court last week granted a motion barring the U.S. Army Corps of Engineers and Environmental Protection Agency (EPA) from enforcing the Clean Water Rule, which critics say is “exceptionally expansive.” A three-judge panel at the U.S. Court of Appeals for the Sixth Circuit on Oct. 9 granted the stay sought by 31 states […]

Duke Energy has settled a 15-year-old lawsuit for allegedly violating the Clean Air Act when it made modifications at 13 coal-fired power units in North Carolina.  The Environmental Protection Agency’s (EPA’s) and the Department of Justice’s (DOJ’s) original case filed in 2000 focused on 25 Duke Energy coal units. As it has in more than […]

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 […]

Thirteen states are suing the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over the recently finalized Clean Water Rule, which they say illegally puts the federal government in charge of a majority of water and land resources in the U.S.  North Dakota, Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, […]

The Nuclear Regulatory Commission’s (NRC’s) final rule governing long-term spent nuclear fuel storage onsite at U.S. power plants is illegal and should be overturned, the attorneys general of New York, Connecticut, and Vermont claim in a legal challenge filed on Monday.   In a petition filed with the U.S. Court of Appeals for the D.C. […]

A group of 12 states and a coal mining company have filed separate lawsuits in the U.S. Court of Appeals for the District of Columbia in an effort to stop the Environmental Protection Agency (EPA) from regulating CO2 emissions from existing coal-fired power plants. The states—Alabama, Indiana, Kansas, Kentucky, Louisiana, Nebraska, Ohio, Oklahoma, South Carolina, […]

The battle over Sunflower Electric Cooperative’s plans to build an 895-MW coal-fired power plant in Holcomb, Kan., returned to court on Friday. The Sierra Club, represented by Earthjustice, filed a lawsuit challenging a new air pollution permit recently issued by the Kansas Department of Health and Environment (KDHE) to Sunflower to build its proposed Holcomb […]