Tag Archives: Judicial review

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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4th Circuit Vacates Ruling that EPA Must Consider Impact of its Regulations on Coal Jobs

The Fourth Circuit Court of Appeals recently issued an order vacating a West Virginia Federal District Court decision that had held that Clean Air Act Section 321(a) required EPA to conduct an evaluation of the impact of Clean Air Act … Continue reading

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New Questions about Future of Dakota Access Pipeline after Tribes’ Success in Court

A June 14, 2017 decision out of the U.S. District Court for the District of Columbia has added new uncertainty to the future of the Dakota Access Pipeline.  Earlier this year, the Army Corps of Engineers granted an easement to … Continue reading

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Parties Weigh in on Abeyance Vs. Remand in CPP and NSPS Cases

A few weeks ago, the D.C. Circuit ordered the parties in both the Clean Power Plan (CPP) litigation and the New Source Performance Standards (NSPS) litigation to file briefs addressing whether these cases should be remanded to EPA or held … 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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