Author Archives: Katherine O'Konski

Maryland Suit Seeks Ozone Controls for Upwind Coal Plants under the Clean Air Act’s Good Neighbor Provision

Yesterday, the State of Maryland filed a complaint in the U.S. District Court for the District of Maryland seeking an order requiring EPA to perform its non-discretionary duty to either approve or deny a petition submitted by the state on … Continue reading

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EPA Moves to Hold Coal Ash Rule in Abeyance and to Continue Oral Argument

Last week, EPA filed a motion asking the D.C. Circuit to postpone oral argument scheduled for October 17 in Utility Solid Waste Activities Group v. EPA, Docket No. 15-1219, the litigation surrounding its Coal Ash Rule.  EPA also moved to … Continue reading

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Tenth Circuit Rejects “Perfect Substitution Assumption” in NEPA Analysis of Coal Leases

On Friday, the Tenth Circuit issued a decision in WildEarth Guardians v. Bureau of Land Management, Docket No. 15-8109, rejecting the Bureau of Land Management’s (BLM) decision to approve four coal leases in Wyoming’s Powder River Basin (PRB) Region on … Continue reading

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Fifth Circuit Grants EPA’s Request for Power Plant Effluent Rule to Remain in Abeyance

On August 22, the Fifth Circuit issued an order granting EPA’s motion to sever and hold in abeyance all judicial proceedings in Southwestern Electric Power Co. v. EPA relating to certain provisions of the Effluent Limitations Guidelines and Standards for … Continue reading

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Michigan Utility Seeks Supreme Court Review of EPA’s New Source Review Enforcement Authority

On July 31st, Michigan utility DTE Energy Company (DTE) filed a petition for a writ of certiorari seeking Supreme Court review of EPA’s New Source Review (NSR) enforcement authority as relates to DTE’s coal-fired power plant in Monroe, Michigan.  DTE seeks to … Continue reading

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