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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...

Eighth Circuit to Decide Dispute Between Minnesota and North Dakota Over Coal-Generated Electricity Regulations

The states of North Dakota and Minnesota are involved in a dispute over Minnesota regulations restricting new coal-based power generation.  North Dakota challenged the law in the federal district court arguing that the law violates the Commerce Clause of the U.S. Constitution because of its effect on out-of-state utilities.  North Dakota won at the district court level, but Minnesota...

Settlement Reached for Utah Coal Plant

Deseret Electric Power Cooperative (Deseret), WildEarth Guardians, the Sierra Club and federal regulators have reached an agreement establishing limits on the amount of coal that the Bonanza Power Plant, located in Uintah County, Utah, may burn.  The limits imposed by the deal could result in the early retirement of the Bonanza Power Plant, but Deseret believes the deal will allow for...

Tri-State Fights EPA MATS Rule for Colorado Facility

Tri-State Generation and Transmission Association, Inc. (Tri-State) has renewed its attempt to suspend the April 2016 compliance deadline under the Mercury and Air Toxics (MATS) rule for the 110-MW Nucla Station.  Tri-State has asked the D.C. Circuit to suspend the compliance deadline, arguing that EPA must provide an evaluation of whether the rule is justified.  To read more, please...

Coop Challenges EPA’s New Coal Ash Rule

Missouri-based Associated Electric Cooperative, Inc. is among the industry players challenging the new coal ash rule of the U.S. Environmental Protection Agency (EPA), the final version of which was published in April.  Click here for more information (subscription required).

Texas Requests Fifth Circuit Review of US EPA Action

On Wednesday, Texas asked the Fifth Circuit to review an Environmental Protection Agency (EPA) decision requiring it to tighten air pollution regulations governing large industrial pollution sources, including power plants.  The EPA’s decision was based on the finding that portions of Texas’s previously approved state implementation plan do not meet the requirements of the Clean Air...

House Passes Bill to Delay EPA Greenhouse Gas Rule

The U.S. House of Representatives passed a bill on June 24, for which the NRECA has voiced support, that would delay implementation of the U.S. Environmental Protection Agency’s (EPA) Clean Power Plan until after courts have determined its legality.  To read more about the bill click here.

Arkansas Electric and Others Seek Intervention in Suit over Haze Abatement Plan

The Environmental Protection Agency (EPA) in March settled a suit with environmental group Sierra Club over an Arkansas Department of Environmental Quality haze plan required by federal law.  A coalition of companies, including Arkansas Electric Cooperative Corp. and Entergy Arkansas, has filed a motion to intervene in the suit that has already settled.  Click here for more.

Legal Alert: Power Surge: TCPA Litigation and the Energy Industry

Few industries have been spared from the recent wave of class actions filed under the Telephone Consumer Protection Act (“TCPA”). The energy sector is no exception. TCPA cases against electricity and natural gas providers are on the rise with more than half a dozen such cases filed in 2015 in federal courts in Texas, New York, Ohio, Florida, California, and other states, in addition to...

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