Tag Archives: NSPS

To Abey, or Not to Abey. That is the Question.

Parties on both sides of the Clean Power Plan (CPP) and New Source Performance Standards (NSPS) litigation have filed responses to the Department of Justice’s (DOJ) motions to hold the cases in abeyance, with those challenging the rules filing in … Continue reading

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Litigation Update: Clean Power Plan, New Source Performance Standards, and Effluent Limitations

Clean Power Plan.  As we previously reported following the President’s March 28, 2017 Energy Executive Order, the Department of Justice has requested that the D.C. Circuit hold the CPP in abeyance while EPA conducts a review of the rule.  The … Continue reading

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Breaking Down the Energy Executive Order

UPDATED 03.31.2017 The Executive Order has been published in the Federal Register, 82 Fed. Reg. 16,093. Also, the Office of Management and Budget released a statement regarding the budgetary impact analysis for this executive order. Earlier this week, President Trump … Continue reading

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EPA Opposes Motion for Extension of Time for NSPS Briefing

EPA recently filed its opposition to state and industry petitioners’ motion to extend the briefing schedule in their challenge to EPA’s New Source Performance Standards (NSPS) for new power plants.  Petitioners had argued that “[a] short extension of time will allow the … Continue reading

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Opening Briefs Filed in NSPS, MATS Litigation

On December 14, EPA filed its initial brief in North Dakota v. EPA, the challenge to EPA’s New Source Performance Standards (NSPS) for new power plants.  Issues include EPA’s determinations regarding the viability and cost of carbon capture and storage and the … Continue reading

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