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Trend from Coal-to-Gas Overshadows this Month’s Regulatory and Legal Developments

Trend from Coal-to-Gas Overshadows this Month’s Regulatory and Legal Developments

The plan to cut nitrogen oxide emissions that cause respiratory illness will no doubt get another challenge in court. Even if it could win such a case, the trend toward retiring older coal-fired plants is well underway. And it’s no doubt getting sped up by the Clean Power Plan.

Cross-State Air Pollution Rule Finalized. Will Power Sector Legal Challenges Follow?

In a move to reduce nitrogen (NOx) emissions from power plants that contribute to ozone pollution in the eastern US, the EPA has finalized updates to the Cross-State Air Pollution Rule.

EPA Smog Rule Targets Cross-State Air Pollution

The EPA today announced a proposal that targets smog-forming air pollution transported across state lines. The agency says it will reduce summertime emissions of oxides of nitrogen (NOx) from power plants that contribute to downwind ozone problems in the eastern half of the US. The proposed updates to the agency’s … Read more »

Cross-State Air Pollution Rule Upheld

The US Supreme Court yesterday upheld an air pollution rule intended to reduce the amount of coal plant emissions that cross state lines. In a 6-2 decision, the court backed the Cross-State Air Pollution Rule (CSAPR), adopted by the EPA in 2011, which set limits on sulfur dioxide and nitrogen … Read more »

industrial plant emissions

Chambers of Commerce Challenge EPA Air Pollution Rules

Seventy-five Chambers of Commerce from across the US have filed an Amicus Curiae brief objecting to the EPA’s authority to regulate air pollution, which is currently before the Supreme Court. The Supreme Court heard the EPA’s arguments in the Cross-State Air Pollution Rule case last week and most of the … Read more »

Judges Tussle with EPA Air Pollution Rules

Supreme Court justices seem sympathetic to the EPA’s arguments in the Cross-State Air Pollution Rule case, which the court heard yesterday. Most of the eight judges hearing the case voiced some support for the regulations, although it is still not clear how they will rule, Reuters reported. “It’s certainly hard,” Chief … Read more »

Policy & Enforcement Briefing: Air Pollution in Court, General Mills Suits

The Supreme Court is scheduled to hear arguments tomorrow on the Cross-State Air Pollution Rule, USA Today reports – and on the same day, the DC Circuit Court will hear arguments in an attempt to overturn EPA standards on mercury and acid gases from power plants. Peabody Energy, the United … Read more »

Policy & Enforcement Briefing: SCOTUS Air Case, Renewables Mandate, UK Backs BP

President Obama has ordered the federal government to use 10 percent renewables by 2015 and 20 percent by 2020, nearly tripling its current renewables consumption, the AP reports. The order enacts a promise made in June and raises the target from 7.5 percent. The order also requires agencies to install … Read more »

Policy & Enforcement Briefing: Cooling Water, Mercury, SCOTUS Air Pollution Case

The Environmental Protection Agency said it will delay publication of its final cooling water intake rule for power plants and industrial facilities until Nov. 20, citing the government shutdown in October, Bloomberg BNA said. The agency was required by a 2010 legal agreement with environmental group Riverkeeper to issue the … Read more »

Policy and Enforcement: Cross-State Air Pollution Rule

The Environmental Defense Fund, the American Lung Association and others have filed a brief urging the Supreme Court to revive the EPA’s Cross-State Air Pollution Rule. The groups are saying that to uphold a lower court’s nullification of the major 2011 pollution rule would prevent regulators from ever tackling unhealthy … Read more »

Supreme Court to Judge Smog Rule

Supreme Court to Judge Smog Rule

Not all of today’s big policy news comes out of President Obama’s climate speech. The Supreme Court yesterday agreed to consider the Cross-State Air Pollution Rule, a major plank of Obama’s first-term environmental policy, which has been in limbo since an appeals court ruled it invalid last August, following a … Read more »