Eversheds Sutherland Coop Law Blog
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EPA Emission Standards Face Supreme Court Review

The U.S. Supreme Court has agreed to hear a case against the Environmental Protection Agency (EPA) arguing that the EPA has overreached its authority under the Clean Air Act by regulating greenhouse gas emissions from fossil-based power generation facilities.  Oral arguments for the case (Utility Air Regulatory Group v. EPA) are expected in February or March 2014.  Click here for more...

Kansas Supreme Court Nixes Permit for Coop’s Coal Plant

In a unanimous decision, the Kansas Supreme Court overturned a permit granted to Sunflower Electric Power Corporation in 2010 to build a coal-fired power plant in the southwestern part of the state.  The court found that the Kansas Department of Health and the Environment (KDHE) erred in issuing the permit because it did not take into account a series of regulations that were enacted...

Coops Continue to Take on EPA’s New Climate Plan

Representatives of electric coops across the country are trying to get the following message across on the Environmental Protection Agency’s (EPA) rulemaking announced September 20:  This rulemaking is not feasible and prohibitively expensive.  Specifically, the EPA’s rulemaking implementing the Clean Air Act requires future coal-based generation to employ carbon capture and storage...

White Paper Argues EPA Cannot Limit Power Plant Emissions

Attorneys general from 17 states recently submitted a white paper to the Environmental Protection Agency’s (EPA) Administrator, arguing that Section 111(d) of the Clean Air Act limits the EPA’s authority to develop procedures to guide states in establishing emissions standards for existing power plants.  The white paper is in response to an expected revised EPA rule directly capping...

NRECA Opposes President’s Plan on Climate Change

The National Rural Electric Cooperative Association (NRECA) has launched a campaign against President Barack Obama’s proposal to use the Clean Air Act to regulate carbon dioxide and fight climate change.  The NRECA  released a video voicing its opposition to the President’s plan.  Click here for more.

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...

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