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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 groups.

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 cooperatives.

Coop PCB Disposal Approved by EPA

The Environmental Protection Agency (EPA) has approved a request to allow electric cooperatives to dispose of low-level PCB wastes in local landfills.

Sixth Circuit Agrees to Review EPA’s Waters of the United States Rule

The U.S. Court of Appeals for the 6th Circuit has agreed to review EPA’s Waters of the U.S. rule. The controversial rule has been criticized on the grounds that it would extend EPA’s regulatory authority to small streams and dry creek beds.  According to Dorothy Kellogg, NRECA senior principal, the rule will result in more expensive permits for coops attempting to maintain or construct...

High Court Rejects Bid to Stay Mercury Air Toxics Rule

On Thursday, the U.S. Supreme Court rejected a request to stay the EPA’s Mercury and Air Toxics Standards rule. The rule, which requires coal-fired power plants to greatly reduce mercury and other toxic emissions, was struck down in June because the EPA had not considered the $1 billion cost of imposing the rule. The D.C. Circuit left the original rule in place, however, while the EPA...

Supreme Court Grants Stay of Obama Clean Power Plan

The Supreme Court has granted a stay request from more than two dozen states, plus utilities and coal companies, to put on hold the implementation of President Obama’s Clean Power Plan.  The Court’s decision halts implementation but does not address the merits of the pending legal challenge to the plan, which asserts the Environmental Protection Agency has overstepped its powers.  An...

Electric Coops Ask Supreme Court to Block Clean Power Plan

Electric cooperatives are asking the U.S. Supreme Court to put the Environmental Protection Agency’s Clean Power Plan on hold until all legal challenges are resolved.  The petition comes after a federal appeals court rejected a similar request less than a week earlier.

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