Tag Archives: Federal Courts

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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State Programs Claim Third Victory in Federal Court: New York Nuclear Subsidies Survive Legal Challenge

In a July 25, 2017 ruling, the U.S. District Court for the Southern District of New York dismissed a challenge to the component of New York’s “Clean Energy Standard” offering subsidy payments, known as “zero-emissions credits” or ZECs, to certain … Continue reading

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Court Decisions Affirm States’ Authority to Incentivize Generation Development and Retention

In two recent federal court decisions, the Second Circuit Court of Appeals and the U.S. District Court for the Northern District of Illinois affirmed state authority to implement programs to incentivize generation development and retention. The two decisions are the … Continue reading

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D.C. Circuit Vacates EPA’s Stay of Methane Rule

On July 3, 2017, the U.S. Court of Appeals for the D.C. Circuit granted a group of environmental organizations’ challenge of the EPA’s decision to stay the implementation of a rule covering methane and other greenhouse gas emissions from the … Continue reading

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5th Circuit Grants Abeyance and EPA Postpones Compliance Deadlines for Effluent Limitation Guidelines; EPA Submits Further Abeyance Motions

Yesterday, the Fifth Circuit issued an order granting EPA’s motion to hold Southwestern Electric Power Co. v. EPA (consolidated challenges to EPA’s “Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category” (Rule)) in abeyance for … Continue reading

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