On June 30, 2022, the US Supreme Court held that the Obama-era Clean Power Plan (CPP) “[c]apping carbon dioxide emissions at a level that [would] force” energy generation shifting from coal to natural gas to renewables nationwide was not within the statutory authority that Section 111(d) of the Clean Air Act (CAA), codified as 42 … Continue Reading
On August 31, 2018, the US Environmental Protection Agency (US EPA) published its proposed rule providing a replacement to the Clean Power Plan (CPP). The proposed rule, named the Affordable Clean Energy (ACE) rule, outlines revised emissions guidelines and the process for states to submit plans for the reduction of greenhouse gas (GHG) emissions from affected … Continue Reading
On October 16, 2017, US EPA, under Administrator Scott Pruitt, proposed the repeal of the Clean Power Plan (CPP), and the Agency is accepting comments on the repeal until April 26, 2018. Following a review of the statute’s language, surrounding policy, and legislative history, US EPA proposed to “return to a reading of CAA section 111(a)(1) … as … Continue Reading
It has been one year since the Clean Power Plan was published in the Federal Register, and the oral arguments for the rule in the D.C. Circuit have been concluded for about a month now. In this relative “calm before the storm,” as we wait for the D.C. Circuit decision, the 2016 Presidential Election, and the … Continue Reading
The Clean Power Plan and its surrounding litigation has quickly become one of the hottest topics both inside and outside the legal world. News that the U.S. Supreme Court had granted a stay of the Clean Power Plan on February 9, 2016 spread like wildfire, but many recent followers are unaware of just how long and polemic … Continue Reading
On February 9, 2016, the U.S. Supreme Court granted a stay of the Clean Power Plan requested by 29 states and state agencies, coal companies, utilities, and several trade associations. News of the order granting the stay spread like wildfire across the nation, having become a top news story overnight. The road to the historic … Continue Reading
A federal investigation has revealed that US EPA violated federal law by utilizing “covert propaganda” and illegal grassroots lobbying to encourage voters to support its Waters of the United States Rule (the “Clean Water Rule“). US EPA’s legal violations in the context of the Clean Water Rule could lead to additional trouble for the agency. Members of the … Continue Reading
At long last, US EPA officially published the Clean Power Plan (CPP) this morning in the Federal Register, 82 days after releasing a copy of the signed final rule on August 3, 2015. Publication of the rule has been covered extensively by our team in previous posts here and here. Official publication of the rule has been met … Continue Reading
Earlier this month, the Obama Administration released the final version of the Clean Power Plan (CPP), an effort to curb carbon emissions nationwide. The final rule uses a combination of renewable energy and significant limitations on carbon emitting plants to achieve this goal. It is worth noting that the overall reductions required by the final rule were increased … Continue Reading
In response to widespread requests from states, lawmakers, and industry stakeholders, US EPA announced on September 16, 2014 that it is extending the initial 120-day public comment period for its proposed Clean Power Plan by 45 days until December 1, 2014. As previously reported, the Clean Power Plan proposes guidelines for states to use in developing plans … Continue Reading
During the week of July 28, 2014, US EPA hosted a series of hearings in Atlanta, Denver, Pittsburgh, and Washington, D.C. to take public comments on the Agency’s proposed rules to cut carbon pollution from existing fossil fuel-fired power plants. US EPA proposed the “Clean Power Plan” on June 2, 2014, nearly a year after President Obama … Continue Reading
