Eversheds Sutherland Coop Law Blog
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Cooperative Research Network Studies Potential Uses for Coal Ash

The National Rural Electric Cooperative Association Cooperative Research Network (CRN) and the University of Kentucky Center for Applied Energy Research have spent more than two years conducting research on coal ash.  The research is important because coops rely heavily upon coal-based generation, and the Environmental Protection Agency has raised the possibility of regulating coal ash...

Proposed EPA Runoff Guidelines May Create More Costs Than Benefits

In compliance with a recent settlement agreement, the Environmental Protection Agency (EPA) has proposed effluent limitation guidelines for power plants.  The National Rural Electric Cooperative Association is concerned that the proposed guidelines, which will affect coal-fired units with wet flue gas desulfurization systems or wet ash handling, could cost electric cooperatives...

Supreme Court to Consider Cross-State Air Pollution Rule

The U.S. Supreme Court has agreed to weigh in on the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule.  This rule aims to limit emissions of sulfur dioxide and nitrogen oxide produced from coal-generated power in upwind states, which in turn hampers downwind states from meeting national ambient air quality standards in accordance with the Clean Air Act’s “good...

NRECA to Oppose Certain Power Plant Rules in Obama Climate Plan

Due to concerns that power plant regulations would impose enormous costs on vulnerable citizens, the National Rural Electric Cooperative Association (NRECA) has stated that it intends to oppose any effort to use Obama’s Clean Air Act to reduce carbon dioxide emissions.  While the climate plan, which was slated for release on June 25, has been widely expected to address rules to limit...

House Will Consider Coal Ash Bill

The House Energy and Commerce Committee voted on June 20 in favor of a measure that would set up a new state-run program to manage and dispose of coal ash.  The vote will send a bill, backed by the National Rural Electric Cooperative Association, regulating coal ash impoundments at power plants to the House floor for the second time in less than three years.  The Environmental...

NRECA and EPA Spar over Review of Cross-State Air Pollution Rule

The National Rural Electric Cooperative Association (NRECA) is urging the U.S. Supreme Court to reject the U.S. Environmental Protection Agency’s (EPA) plea for further review of the Cross-State Air Pollution Rule, which was thrown out by an appeals court.  The rule’s purpose was to slash interstate emissions from power plants under federal “good neighbor” provisions that allow the EPA...

House Subcommittee Advances Coal Ash Bill

The House Subcommittee on Environment and the Economy voted June 6 to advance a new version of the Coal Residuals Reuse and Management Act of 2013, which sets up a state-run program to regulate coal ash, a common byproduct of coal-based power plants.  The Act also prevents the Environmental Protection Agency from classifying coal ash as a hazardous waste and subjecting it for the first...

EPA Agrees to Reconsider Environmental Requirements for Apache Generating Station

Arizona Electric Power Cooperative, the owner of the Apache Generating Station, recently received the good news that the U.S. Environmental Protection Agency (EPA) is reconsidering requirements that would have resulted in costly upgrades.  The coop had requested that the EPA consider the Apache Generating Station’s unique situation to ensure that the coop is able to provide affordable...

Coops Concerned with EPA Proposal for Power Plants

Electric coops are asking the Environmental Protection Agency (EPA) to withdraw its proposal which could greatly affect power plants under the Clean Air Act.  The proposal, which would involve at least 36 states, would “fundamentally” change how power plants operate during startups, shutdowns and malfunctions.  Electric Co-op Today has more details on the cooperatives’...

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