lawsuit
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Legal & Regulatory
Texas Sues EPA over Ozone Standards
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 […]
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Legal & Regulatory
Climate Change Litigation: Implications for States and Power Generators
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,” […]
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Legal & Regulatory
Seminole G&T Challenges Clean Power Plan in Federal Court
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 […]
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Legal & Regulatory
Federal Court Stays WOTUS Rule
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 […]
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Coal
Duke Energy to Shutter Three Coal Units, Resolve Drawn-Out Clean Air Act Lawsuit
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 […]
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Legal & Regulatory
[UPDATED] EPA Issues More Ambitious But Flexible Final Clean Power Plan
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 […]
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Legal & Regulatory
States Sue EPA, Army Corps Over Final Waters of U.S. Rule with Reach Over Power Plants
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, […]
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Legal & Regulatory
States Challenge NRC’s Spent Nuclear Fuel Storage Rule
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. […]
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Coal
EPA Sued By 12 States and a Coal Mining Company
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, […]
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Coal
Legal Fight Over Sunflower Coal Plant Resumes
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 […]
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