Category Archives: EPA

Recent Developments in Regulating Greenhouse Gas Emissions: The Supreme Court Grants EPA’s Petition for Certiorari in Transport Rule Case, and President Obama Issues Executive Directive to EPA Regarding Carbon Emissions

By Ken Irvin, David Williams, Terence Healey and Sohair Aguirre On Monday, June 24, 2013, the U.S. Supreme Court granted the petition of the U.S. Environmental Protection Agency (“EPA”) for a writ of certiorari to review the decision of the … Continue reading

Posted in CSAPR, Distressed Energy, Emissions, EPA, Power, Regulation, Renewables

DC Circuit Denies Request for Rehearing of CSAPR

By Ken Irvin, Terence Healey and Sohair Ahmadi Aguirre On January 24, the U.S. Court of Appeals for the D.C. Circuit denied requests by the U.S. Environmental Protection Agency (EPA) and environmental groups for a rehearing by the panel and … Continue reading

Posted in Cases, EPA, Power, Regulation

EPA Petitions DC Circuit for Rehearing of EME Homer City Generation, L.P. Decision

By Ken Irvin, David Williams, and Anna Biegelsen On Friday, October 5, 2012, the United States Environmental Protection Agency petitioned the full U.S. Court of Appeals for the D.C. Circuit for rehearing en banc of the decision in August 2012 … Continue reading

Posted in CSAPR, EPA, Power, Regulation

Implications of the D.C. Circuit Court Decision in EPA Cross-State Air Pollution Rule

The August 21, 2012 decision of the U.S. Court of Appeals for the D.C. Circuit to vacate EPA’s Cross-State Air Pollution Rule marks a material interpretation of EPA’s authority under the Clean Air Act – an “unsettling” departure from judicial … Continue reading

Posted in Distressed Energy, Emissions, EPA, Events, Regulation, Tax

The DC Circuit Court Vacates Cross-State Air Pollution Rule

Today, in a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit issued its decision vacating the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR), which requires significant reductions in emissions from power plants in certain states … Continue reading

Posted in Cases, Emissions, EPA, Power, Regulation

EPA Proposes CO2 Emissions Standards for New Fossil Fuel-Fired Power Generators

By  Gregory Lawrence, Athena Eastwood, Joseph Williams and Tory Lauterbach On March 27, 2012 the Environmental Protection Agency (“EPA”) submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for … Continue reading

Posted in Emissions, EPA, Power, Regulation, Uncategorized

FERC to Hold Technical Conference to Address Reliability

By Ken Irvin and Sohair Ahmadi The Federal Energy Regulatory Commission (“FERC” or “Commission”) announced that it will hold a technical conference, open to the public, on November 29, 2011 from 1:00 p.m. to 5:00 p.m. and on November 30, … Continue reading

Posted in EPA, FERC, Power, Regulation, Uncategorized

Murkowski Seeks Answers from FERC on EPA Regulation’s Impacts on Reliability

By Ken Irvin and Sohair Ahmadi Following testimony of the Commissioners of the Federal Energy Regulatory Commission (“FERC” or “Commission”) on September 15, Senator Murkowski (R-AK) sent FERC Chairman, John Wellinghoff, several intense follow-up questions regarding the potential impact of … Continue reading

Posted in EPA, Power, Regulation

Telling the House What They Don’t Want to Hear: FERC Commissioners Supportive of EPA Regulations

FERC Commissioners Testify to Congress About Impacts of the Environmental Protection Agency’s New and Proposed Power Sector Regulations on Electric Reliability By Ken Irvin and Sohair Ahmadi On September 14, 2011, the Subcommittee on Energy and Power (“Subcommittee”) of the … Continue reading

Posted in EPA, Power, Regulation

EPA Finalizes Long-Awaited Transport Rule to Replace CAIR

On July 6, 2011, the U.S. Environmental Protection Agency (EPA) issued its final Cross-State Air Pollution Rule (CSAPR) pursuant to Section 110(a)(2)(D)(i)(I) of the Clean Air Act, 42 U.S.C. § 7410(a)(2)(D)(i)(I).  The CSAPR requires significant reductions of emissions of sulfur dioxide … Continue reading

Posted in Emissions, EPA