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EPA Announces Repeal of Clean Power Plan

The head of the Environmental Protection Agency (EPA) has announced his intention to roll back the Clean Power Plan. Several environmental groups and states plan to challenge the proposed repeal in federal...

Environmentalists Urge D.C. Circuit to Decide Clean Power Plan Case

This past Thursday, August 3, 2017, certain environmental groups urged the D.C. Circuit to either decide the validity of the Clean Power Plan on its merits or terminate the case by remanding the case to the Environmental Protection Agency (EPA). The environmental groups’ request stems from the D.C. Circuit’s decision in April to grant the EPA’s motion for a 60-day stay of the...

NRECA Submits Comments to EPA Regarding Air, Waste, and Water Issues

The National Rural Electric Cooperative Association (NRECA) submitted comments to the Environmental Protection Agency (EPA) regarding opportunities to reduce the regulatory burden from certain regulations under Executive Order 13777, which directs the heads of federal agencies to seek input from entities significantly affected by Federal regulations.  NRECA commented on various (i)...

D.C. Circuit Pauses Litigation Over Clean Power Plan

On Friday, the D.C. Circuit granted the Environmental Protection Agency’s (EPA) stay request regarding the Clean Power Plan and ordered the parties to file briefs by May 15 on whether the cases should be remanded to the EPA or just kept on hold.  Since President Trump’s executive order last month regarding “energy independence,” the EPA has asked for additional time to review the...

Trump to Roll Back Environmental Protection Agency Regulations

President Donald Trump is expected to issue an executive order Tuesday that would withdraw the Clean Power Plan.  The order is also expected to lift the moratorium on the federal coal program and ease restrictions on hydraulic fracturing.

EPA Submits Proposed Model Trading Rules Regarding Clean Power Plan

The U.S. Environmental Protection Agency (EPA) submitted model trading rules that provide an optional path for states implementing the Clean Power Plan (CPP) to the White House’s Office of Management and Budget for review.  Although the CPP has been placed on hold by the U.S. Supreme Court, the EPA noted that sending the rules to the office follows a routine rule-development...

D.C. Circuit Hears Challenge to Clean Power Plan

Ten D.C. Circuit judges heard argument regarding the EPA’s authority to enact the Clean Power Plan and the rule’s constitutionality.  All active judges on the D.C. Circuit, with the exception of Merrick Garland, heard arguments from state government, power industry groups, the federal government and environmental...

US Court of Appeals to Hear Arguments Regarding Clean Power Plan on Tuesday

The United States Court of Appeals for the District of Columbia will hear arguments regarding the EPA’s Clean Power Plan on Tuesday, September 27.  Twenty-six states have joined West Virginia to challenge the Plan, which requires states to cut greenhouse gas emissions by a cumulative 32 percent from 2005 to 2030.  Leading the plaintiffs is the West Virginia Attorney General, Patrick...

EPA Denies Request to Reconsider MATS Startup-Shutdown Rules

Last Friday the U.S. Environmental Protection Agency (EPA) denied a petition filed by environmental groups requesting that the EPA reconsider changes it had made to its Mercury and Air Toxics Standards (MATS) rule.  The specific regulations at issue, which are now final, allowed certain operators of plants more flexibility in compliance monitoring and testing during startup and...

S&P Issues Favorable Report on Coop Credit

On June 7 S&P Global Ratings (S&P) released a report on the electric cooperative sector.  The report generally strikes a positive note, highlighting the “resilience” of electric cooperatives and concluding that even the implementation of the EPA’s Clean Power Plan will not pose an “imminent threat” to the credit quality of...

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