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DISCLAIMER: This blog is published for general information only - it is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our authors, the submission of a comment or question does not create an attorney-client relationship between the Firm and you.

Entries in EPA (4)

Thursday
Dec102015

Divide in an Effort to Conquer: Petitioners ask Court to Bifurcate Challenge to Clean Power Plan 

Some lawyers say there is no harm in piling on when adding causes of action to a law suit. Assuming the claims are defensible, this may be true. Opponents of the Environmental Protection Agency’s (“EPA” or “Agency”) Clean Power Plan (“Rule”), however, seem to believe that their suit chock-full of legal challenges may be hindering their efforts to receive an expeditious ruling.

Yesterday, the group of 27 states, utilities, trade groups and unions, filed a motion with the federal Court of Appeals for the District of Columbia Circuit requesting that the Court “bifurcate the briefing between the fundamental legal issues and individual record-based challenges.”

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Tuesday
Nov102015

Count ME In

Count Maine “in” as one of the 18 states filing a motion to intervene to defend the federal Environmental Protection Agency’s (“EPA” or “Agency”) Clean Power Plan (“Rule”). A coalition including 24 states wasted little time filing suit against the much-anticipated final Rule after it was posted in the Federal Register on October 23. The coalition alleges that the Rule is an overreach of the authority delegated to the Agency by Congress and more specifically, Section 111(d) of the Clean Air Act cannot be used to regulate greenhouse gases. The petitioners are asking the court to stay the Rule while the suit is pending and ultimately, invalidate it as ultra vires.

In Maine, the final Rule will require the State to reduce its greenhouse gas emissions by 10.8 percent by 2030 from 2012 levels, a reduction from the 14 percent target set forth in the initial draft. This reduction should not be difficult for the State to achieve given that its fleet of power plants infrequently burns coal, the State is already a member of the Regional Greenhouse Gas Initiative (“RGGI”), and it possesses access to an abundance of clean energy sources such as wind, solar, and tidal power.

Stay tuned to this suit which is undoubtedly destined for certiorari.

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Coalition opposing the rule: West Virginia, Texas, Alabama, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Ohio, South Carolina, South Dakota, Utah, Wisconsin, Wyoming, and the Commonwealth of Kentucky, the Arizona Corporation Commission, the State of Louisiana Department of Environmental Quality, the State of North Carolina Department of Environmental Quality, and Attorney General Bill Schuette on behalf of the People of Michigan.

Coalition supporting the rule: New York, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, the District of Columbia, the City of New York, Philadelphia, Chicago, Boulder, South Miami and Broward County (FL).

Friday
Dec052014

Two Important Clean Energy Announcements for New England

The following content was originally posted to Verrill Dana’s environmental law blog Law of the Land (and Air and Water) at www.environmentallawupdate.com.

Offshore Wind
January 29, 2015 – that’s the date the Bureau of Ocean Energy Management (BOEM) has selected for the auctioning of four leases within the Massachusetts offshore Wind Energy Area (WEA). The WEA is located 12 nautical miles south of Martha’s Vineyard and encompasses more than 742,000 acres. A map of the proposed location can be found here (green shading). Department of the Interior Secretary Sally Jewell praised the Commonwealth and Governor Patrick stating, “This sale will triple the amount of federal offshore acreage available for commercial-scale wind energy projects, bringing Massachusetts to the forefront of our nation’s new energy frontier.”

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Friday
Aug242012

Energy News Roundup: August 18-August 24

This week in regional energy news …