Supreme Court

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 […]

Environmental Protection Agency (EPA) Administrator Scott Pruitt told House lawmakers on December 7 that the agency will introduce a rule to replace the Obama administration’s legacy Clean Power Plan. Pruitt told Rep. Raul Ruiz (D-Calif.) in a brief exchange, during a hearing before the House Energy and Commerce Committee Subcommittee on Environment held on Thursday […]

If the Clean Power Plan is scrapped or weakened, the Environmental Protection Agency (EPA) may be forced to regulate greenhouse gases (GHGs) emitted by existing power plant with wider repercussions under its National Ambient Air Quality Standards (NAAQS) program, experts have warned. While President-Elect Donald Trump promised to “scrap” the Clean Power Plan during his […]

A tumultuous election year that was marked by market turmoil, the events of 2016 clearly showed that big change is afoot for the power sector. Many of POWER‘s bold predictions for 2016, such as that the near-simultaneous surge in U.S. natural gas production and recent enactment of environmental rules would reshape the U.S. power sector, […]

Oral arguments on the merits of the Environmental Protection Agency’s (EPA’s) Clean Power Plan were concluded before an en banc panel (10 judges, rather than the anticipated three) at the D.C. Circuit Court of Appeals on September 27. West Virginia v. Environmental Protection Agency (No. 15-1363) is arguably the most important environmental case in nearly […]

One of the witnesses testifying before the U.S. Senate Committee on Environment and Public Works on June 9 believes states and regulated entities will be granted additional time to comply with the Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP), if the rule is ultimately found to be lawful. Currently, the U.S. Supreme Court has […]

The Environmental Protection Agency (EPA) must halt its drive to help states supportive of the Clean Power Plan to comply with the rule because it defies the Supreme Court stay, the attorneys general for West Virginia and Texas have urged the agency. An April 28 request to the agency by 14 states seeking technical assistance […]

Even if the final Clean Power Plan is not implemented, U.S. electricity-related carbon dioxide (CO2) emissions will remain well below 2005 levels, the Energy Information Administration (EIA) said in a comparison of two cases looking forward through 2040. The cases are part of the agency’s May 17–released Annual Energy Outlook 2016 Early Release (AEO2016 Early […]

Oral arguments to assess the merits of the Clean Power Plan will now take place before a nine-judge panel at the U.S. Court of Appeals for the District of Columbia Circuit on September 27, bypassing review of challenges to the Environmental Protection Agency’s (EPA’s) controversial rule by a three-judge panel that was originally scheduled to […]

In a unanimous ruling, the U.S. Supreme Court upheld a lower court decision that a program Maryland initiated in 2012 to subsidize power plant construction impermissibly invaded the Federal Energy Regulatory Commission’s (FERC’s) authority over interstate power markets. The case, Hughes v. Talen Energy Marketing, grew out of a decision by the Maryland Public Service […]