December 15, 2015
The D.C. Circuit on Tuesday decided to leave the U.S. Environmental Protection Agency's controversial mercury air toxics rule in place during revisions ordered by the U.S. Supreme Court, a blow to states and energy industry groups that wanted the entire rule scrapped.
December 04, 2015
Several power plant operators urged the D.C. Circuit on Friday to scrap a challenge to Environmental Protection Agency mercury air pollution rules, downplaying flaws the Supreme Court highlighted in the EPA's cost-analysis given the huge investments they've planned in order to comply with the rules.
December 03, 2015
The U.S. Environmental Protection Agency's proposed fix to its rule limiting mercury and other toxic emissions from power plants doesn't jibe with the U.S. Supreme Court ruling that the agency didn't properly consider costs when it created the rule, an industry challenger said Wednesday.
October 22, 2015
The U.S. Environmental Protection Agency warned the D.C. Circuit on Wednesday that acquiescing to a demand from states and industries to vacate its rule limiting mercury from power plants will adversely affect public health and the environment.
September 25, 2015
States and industry groups opposed to the U.S. Environmental Protection Agency's mercury rule on Thursday asked the D.C. Circuit to vacate the rule while the agency considers its costs, but the EPA argued that vacatur isn't necessary because the limited deficiency identified by the U.S. Supreme Court can be fixed quickly.
September 02, 2015
The D.C. Circuit on Tuesday again rejected Tri-State Generation and Transmission Association Inc.'s bid to suspend the compliance deadline for one of its Colorado power plants under a recently nixed U.S. Environmental Protection Agency rule limiting mercury and other toxic emissions.
August 31, 2015
The U.S. Environmental Protection Agency on Friday asked the D.C. Circuit not to suspend the compliance deadline for a "small, infrequently-operated" Colorado power plant to meet certain standards in a recently nixed EPA rule limiting certain toxic emissions, saying the plant's owner hasn't justified the request.
August 25, 2015
Tri-State Generation and Transmission Association Inc. on Monday asked the D.C. Circuit again to suspend the compliance deadline for one of its power plants under a recently nixed U.S. Environmental Protection Agency rule limiting mercury and other toxic emissions, saying the EPA must first evaluate whether the rule is justified.
August 11, 2015
The U.S. Environmental Protection Agency on Monday said that it will reissue its rule limiting mercury and other toxic emissions from power plants nixed by the Supreme Court by April 2016, complete with a cost-benefit analysis that the high court said the agency had to perform.
August 07, 2015
From expected litigation over a plan to reduce power plant carbon emissions to lawsuits over a rule that would curb emissions during facilities' startup and shutdown periods, the government's use of the Clean Air Act to combat climate change has run up against serious opposition. Here, Law360 looks at cases environmental attorneys should be watching.