SCOTUS
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Legal & Regulatory
SCOTUS Reinstates Trump-Era Environmental Certification Rule
The U.S. Supreme Court on April 6 reinstated a Trump-era environmental rule that limited state and tribal roles in enforcing a section of the Clean Water Act (CWA) related to project certification. The order is a temporary triumph for eight states and three energy trade associations, including the National Hydropower Association (NHA). The high court’s […]
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Environmental
SCOTUS Hears Arguments on EPA’s Purview Over Power Plant GHG Emissions
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 […]
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Legal & Regulatory
SCOTUS Sends Controversial WOTUS Rule into More Legal Limbo
The U.S. Supreme Court unanimously reversed and remanded a rule the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers rolled out in 2015 that asserts federal authority over small bodies of water with a broader definition of the statutory term, “waters of the U.S.” (WOTUS). In a ruling for National Association of […]
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Legal & Regulatory
A Rollercoaster Week for the Clean Power Plan
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 […]
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Legal & Regulatory
[UPDATED] Halt the EPA’s Clean Power Plan Now, 26 States Urge Supreme Court
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 […]
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Legal & Regulatory
Committed to “Ambitious Schedule,” EPA Wants to Reissue MATS Rule by April 2016
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 […]
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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
Supreme Court Strikes Down EPA’s MATS Rule
In a 5–4 decision announced on June 29, the U.S. Supreme Court overturned the Environmental Protection Agency’s (EPA’s) rules limiting mercury and other hazardous air pollutants released from power plants. In April 2014, the U.S. Court of Appeals for the D.C. Circuit upheld the Mercury and Air Toxics Standards (MATS), ruling in a 2–1 decision […]