Category Archives: Blog Posts

EPA Issues Supplemental Finding in Response to Michigan v. EPA

Posted on April 28, 2016 by Jessica Bell

On Monday, EPA’s final supplemental finding to its Mercury and Air Toxics Standards (MATS) in response to Michigan v. EPA was published.  EPA concludes that consideration of cost does not change its earlier decision that regulation of hazardous air pollutants … Continue reading →

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After Weeks of Uncertainty, Senate Passes Bipartisan Energy Bill

Posted on April 26, 2016 by Jeff Bayne

On April 20, 2016, the Senate passed the Energy Policy Modernization Act of 2016, the first broad energy bill to come out of the Senate since 2007.  The bill had been stalled for weeks over disagreement about whether to include … Continue reading →

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Pencils Down: Briefing Concludes in West Virginia v. EPA

Posted on April 21, 2016 by Amber Martin

Last Friday, April 15, 2016, petitioners challenging the Clean Power Plan and like-minded intervenors filed their rebuttals to EPA and its supporters’ defense of the rule.  The reply briefs wrap up briefing in West Virginia v. EPA, and set the … Continue reading →

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Supreme Court Says Maryland’s Program to Encourage Generation is Preempted

Posted on April 20, 2016 by Jessica Bell

Yesterday, April 20, 2016, the Supreme Court issued its opinion in Hughes v. Talen Energy Marketing, LLC.*  The Court unanimously found that Maryland’s program was not permissible under the Federal Power Act (FPA).  Justice Ginsburg, writing for the Court, affirmed … Continue reading →

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EPA Issues Guidance Relating to RICE 100-Hour Emergency Engine Provision

Posted on April 19, 2016 by Anjali Patel

On Friday, April 15, EPA issued non-binding guidance on its Reciprocating Internal Combustion Engines (RICE) regulations.  The guidance relates to the D.C. Circuit’s decision last summer in Delaware v. EPA, 785 F.3d 1 (D.C. Cir. 2015),* overturning the provisions that would … Continue reading →

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