Eversheds Sutherland Coop Law Blog
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Newly Finalized EPA Rule May Affect Coops’ Pollution Control Procedures

The U.S. Environmental Protection Agency finalized a rule this week intended to stop pollutants in one state from lowering air quality in neighboring states.  Although the rule is newly finalized, it has been under consideration for several years so many power plants affected by the new regulations already have taken steps to come into compliance with the regulations. One example of...

The D.C. Circuit Rejects Sierra Club’s Citizen Suit

In a decision issued Friday, the D.C. Circuit rejected the Sierra Club’s appeal of the dismissal of its suit seeking to compel the Environmental Protection Agency (EPA) to stop the construction of two power plants in Kentucky. The Sierra Club brought this suit under the citizen suit provision of the Clean Air Act to challenge the EPA’s failure to take action to prevent the construction...

Tri-State Generation and Transmission Senate Testimony on Proposed EPA Regulations

  An executive of Tri-State Generation and Transmission Association, Inc., a coop based in Westminster, Colorado, testified on June 30, 2011, to a U.S. Senate subcommittee about how proposed pollution regulations – namely the Clean Air Interstate Rule and the Clean Air Mercury Rule – would affect the coop. The testimony can be found here.  

Mother Nature Takes a Heavy Toll on Heartland Coops

Coop staffers in parts of the Southwest are hoping for rain as they brace for the effects of several huge wildfires.  Coops in the Midwest are also facing challenges in face of potential prolonged flooding and heavy rains.  Coop officials across the heartland have been de-energizing lines and removing meters and other equipment to protect coop assets as they prepare for service...

Coop Spokesman Critical of Georgia Watch Report on Cost of Coal-Fired Plant

A coop spokesman questioned the findings of a recent report, released by Georgia Watch, a consumer advocacy organization, which concludes that the proposed, coal-fired Plant Washington could cause rates to increase if the plant is built.  The report’s conclusions are based in part on projections of rising construction costs and new regulations on coal plants.  The plan to build the...

New Wind Farm Dedicated in South Dakota

A dedication ceremony was held today for the Crow Lake Wind Project, built and owned by PrairieWinds, which is a subsidiary of North Dakota-based Basin Electric Power Cooperative.  The wind farm has been operational since last February and nearly all of the 108 wind turbines are owned and operated by PrairieWinds.  The Republic has the full story.

Supreme Court Rules That Federal Nuisance Claims Cannot be Based on Greenhouse Gas Emissions

In an unanimous decision, the Supreme Court ruled that because greenhouse gas emissions are covered by the Clean Air Act there is no federal common law right to bring a nuisance claim with respect to such emissions.

Alaska Coop Makes Progress On Tapping Alternative Power Source

Naknek Electric Association, which serves the Bristol Bay area in Southwest Alaska, has received some positive news about its geothermic drilling project. GeothermEx has assessed the coop’s first well and concluded the utility is on its way toward a geothermal project that could prove to be economically sensible. The well can produce geothermal fluid at a temperature of 190 degrees,...

Dairyland Power To Remove Nuclear Waste To Dry Casks

Dairyland Power Cooperative, an electric provider based in Wisconsin, will begin removing spent fuel from its Genoa nuclear plant later this spring. Dairyland plans to encase the waste in steel and concrete casks. Although it appears that the federal government has no immediate plans to take possession of the nuclear waste, the move to store it on site should cut by two thirds the...

Missouri Tornadoes Impact Coop Power Distribution

The disastrous weather system that spawned severe storms and deadly tornadoes and spread destruction across portions of Missouri and six other states between May 21 and 23 has also affected area coops’ ability to distribute power.  New-Mac Electric Cooperative, a Neosho, Missouri-based coop, reported more than 4,000 of its nearly 17,000 meters out of service.  Many of the outages were...

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