Eversheds Sutherland Coop Law Blog
content top

High Court Rejects Bid to Stay Mercury Air Toxics Rule

On Thursday, the U.S. Supreme Court rejected a request to stay the EPA’s Mercury and Air Toxics Standards rule. The rule, which requires coal-fired power plants to greatly reduce mercury and other toxic emissions, was struck down in June because the EPA had not considered the $1 billion cost of imposing the rule. The D.C. Circuit left the original rule in place, however, while the EPA...

Supreme Court Grants Stay of Obama Clean Power Plan

The Supreme Court has granted a stay request from more than two dozen states, plus utilities and coal companies, to put on hold the implementation of President Obama’s Clean Power Plan.  The Court’s decision halts implementation but does not address the merits of the pending legal challenge to the plan, which asserts the Environmental Protection Agency has overstepped its powers.  An...

Electric Coops Ask Supreme Court to Block Clean Power Plan

Electric cooperatives are asking the U.S. Supreme Court to put the Environmental Protection Agency’s Clean Power Plan on hold until all legal challenges are resolved.  The petition comes after a federal appeals court rejected a similar request less than a week earlier.

House Resolves to Overturn EPA’s “Waters of the U.S.” Rule

The U.S. House of Representatives recently passed a resolution to overturn the “Waters of the U.S.” rule issued last year by the EPA and the Army Corps of Engineers.  The National Rural Electric Cooperative Association praised the resolution, as coops nationwide have expressed concern over the rule’s dramatic expansion of federal regulation of waterways.

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...

Congress Votes against EPA Clean Power Plan

The House and Senate each approved resolutions of disapproval regarding the EPA Clean Power Plan.  The President is expected to veto the resolutions.  The Clean Power Plan becomes law December 22, 2015.

U.S. Senate Passes Resolutions to Repeal Clean Power Plan

The United States Senate has approved two resolutions that express formal congressional disapproval of two rules promulgated by the Environmental Protection Agency limiting carbon emissions from new and existing power plants, including the controversial Clean Power Plan.  The White House has threatened to veto the resolutions in recent policy statements.

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...

6th Circuit Issues Stay Regarding EPA Water Rule

The 6th U.S. Circuit Court of Appeals (6th Circuit) issued a stay on October 9 regarding the Waters of the United States rule of the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers.  The stay will remain in effect until the 6th Circuit has decided whether it has jurisdiction over the challenge to the regulations brought by states, utilities and other...

« Older Entries Next Entries »