Eversheds Sutherland Coop Law Blog
content top

NRECA Suggests Changes to Clean Power Plan’s “Safety Valve”

The NRECA filed a petition on December 21 requesting that the Environmental Protection Agency (EPA) include a more robust “safety valve” in its Clean Power Plan to allow power providers relief from emissions standards in the event that those standards will have adverse effects on reliability.  The EPA’s plan does include a “safety valve,” but the current structure may be insufficient...

Power Generators Challenge Clean Power Plan

A federal appeals court is considering whether to add six separate lawsuits to a claim filed by 26 states against the U.S. Environmental Protection Agency for its proposed Clean Power Plan.

New Law Helps Coops Respond to Emergencies

President Obama has signed into law bipartisan transportation legislation that helps electric cooperatives respond during emergencies.  The law provides liability protection to electric utility operators from violations of federal, state or local environmental laws for a specified period while complying with a Department of Energy emergency order.

Basin Asks D.C. Circuit to Stay Clean Power Plan

Basin Electric Power Cooperative (Basin) is among the electric industry participants asking the United States Circuit Court for the District of Columbia (D.C. Circuit) to stay the implementation of the Clean Power Plan (CPP), arguing that preparing to comply with the CPP’s requirements while legal challenges are still pending would cause a significant waste of resources in the event...

Coops Challenge Clean Power Plan

NRECA and dozens of electric cooperatives have filed suit challenging the EPA’s Clean Power Plan (Plan).  The Plan was published in the Federal Register and, therefore, became open to legal challenge on October 23 and is set to take effect on December 23.

Settlement Reached Capping Utah Plant’s Coal Consumption

The Environmental Protection Agency, Deseret Power Electric Cooperative and the Sierra Club and WildEarth Guardians reached a settlement regarding the 500-megawatt Bonanza Power Plant in northeast Utah.  The settlement calls for new pollution controls to be installed while being subjecting the plant to an eventual lifetime limit on the plant’s coal consumption.  Deseret has...

Eighth Circuit to Decide Dispute Between Minnesota and North Dakota Over Coal-Generated Electricity Regulations

The states of North Dakota and Minnesota are involved in a dispute over Minnesota regulations restricting new coal-based power generation.  North Dakota challenged the law in the federal district court arguing that the law violates the Commerce Clause of the U.S. Constitution because of its effect on out-of-state utilities.  North Dakota won at the district court level, but Minnesota...

Settlement Reached for Utah Coal Plant

Deseret Electric Power Cooperative (Deseret), WildEarth Guardians, the Sierra Club and federal regulators have reached an agreement establishing limits on the amount of coal that the Bonanza Power Plant, located in Uintah County, Utah, may burn.  The limits imposed by the deal could result in the early retirement of the Bonanza Power Plant, but Deseret believes the deal will allow for...

Tri-State Fights EPA MATS Rule for Colorado Facility

Tri-State Generation and Transmission Association, Inc. (Tri-State) has renewed its attempt to suspend the April 2016 compliance deadline under the Mercury and Air Toxics (MATS) rule for the 110-MW Nucla Station.  Tri-State has asked the D.C. Circuit to suspend the compliance deadline, arguing that EPA must provide an evaluation of whether the rule is justified.  To read more, please...

Coop Challenges EPA’s New Coal Ash Rule

Missouri-based Associated Electric Cooperative, Inc. is among the industry players challenging the new coal ash rule of the U.S. Environmental Protection Agency (EPA), the final version of which was published in April.  Click here for more information (subscription required).

« Older Entries Next Entries »