Supreme Court
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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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News
Nuclear Subsidy Dispute Now Rests with FERC, Competitive Generators Say
The U.S. Supreme Court’s refusal to reconsider industry-led challenges to state nuclear subsidy programs in New York and Illinois leaves the contentious matter to the Federal Energy Regulatory Commission (FERC). The high court on April 15 declined to accept petitions for review of decisions by the Second Circuit and Seventh Circuit, dealing a major blow […]
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News
EPA: Mercury Rules for Coal, Oil Power Units Not ‘Appropriate and Necessary’
Because compliance costs to coal- and oil-fired power plants for the Mercury and Air Toxics Standards (MATS) far exceed quantifiable benefits to regulating hazardous air pollutant (HAP) emissions, the Trump administration has proposed it is not “appropriate and necessary” to regulate HAP emissions from power plants under Section 112 of the Clean Air Act (CAA), […]
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News
Amid Broad Legal Challenges, EPA Proposes Narrower Definition of WOTUS
In a move widely applauded by the power industry, the Environmental Protection Agency (EPA) and Department of the Army proposed a new definition of “waters of the U.S.” (WOTUS) that could exempt groundwater and ditches from regulation under the Clean Water Act (CWA). The measures follow other recent significant regulatory actions by the agency. On […]
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Commentary
Courts Back State Flexibility on Choice of Generation
Power regulation in the U.S. is split between the federal and state levels, with the Federal Energy Regulatory Commission (FERC) having jurisdiction over the wholesale sales of electricity and the states
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Renewables
POWER Digest [November 2018]
Ørsted Snaps Up Deepwater Wind in Major U.S. Offshore Wind Deal. Danish offshore wind farm developer Ørsted in October entered into an agreement with U.S.-based D.E. Shaw Group to buy a 100% equity interest
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Legal & Regulatory
Competitive Generators Look to the Supreme Court After Seventh Circuit Declines Rehearing on Nuclear Subsidies
The Seventh Circuit Court of Appeals has declined to rehear a case that challenges nuclear subsidies in Illinois, effectively dealing a blow to a group of competitive generators, which have fought the measure for several years. In an order issued on October 9, the appellate court said its full judicial panel had voted to deny […]
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Legal & Regulatory
Several States Urge Federal Court to Rule on Clean Power Plan
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, […]
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Legal & Regulatory
More Coal and Nuclear Can Replace Retired Generation, State Supreme Court Rules
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 […]
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Legal & Regulatory
Challenge to N.Y. Nuclear Subsidies Will Go to Trial
A lawsuit challenging subsidies for New York’s nuclear plants will head to trial after the state’s Supreme Court rejected motions to dismiss it. The measure deals a small setback for Exelon Corp., whose subsidiaries own the R.E Ginna and Nine Mile Point nuclear plants in upstate New York. Defendants in the lawsuit also include Entergy […]