Category: Regulatory Developments

power plant

MATS Arguments Delayed by D.C. Circuit

In a one-page order, the U.S. Court of Appeals for the D.C. Circuit granted an EPA request to delay oral arguments over the legality of EPA’s Supplemental Finding that It Is Appropriate and Necessary to Regulate Hazardous Air Pollutants from Coal—and Oil-fired Electric Utility Steam Generating Units (April 25, 2016, Federal Register (FR)). The oral […]


Case on CPP Rule Now in Abeyance

Environmental groups, states, health institutions, and even some power companies that support the federal Clean Power Plan (CPP) are discovering how difficult it is to keep the rule alive when the very agency that wrote it is committed to wiping it off the books.


Clean Water Rule Debated in the Senate

Should the U.S. Supreme Court decide that challenges against EPA’s Clean Water Rule (CWR or waters of the United States (WOTUS)) be heard in the U.S. District Courts and not the U.S. Appeals Courts, the nationwide stay of the CWR issued by the 6th Circuit will be lifted, and the CWR will take effect.


16 State AGs Concerned About Ozone Bills

Attorneys general (AGs) from 16 states are asking both houses of Congress to reject legislation that would amend the Clean Air Act (CAA) by rolling back EPA’s authority to revise the National Ambient Air Quality Standards (NAAQS) for ozone.


American Petroleum Institute Opposes Expansion of OTR

The EPA recently held a public hearing to receive comments on the Agency’s proposed denial (January 19, 2017, FR) of a petition to add nine states to the Clean Air Act’s (CAA) ozone transport region (OTR). At the hearing, Senior Policy Advisor Ted Steichen of the American Petroleum Institute (API) said that expansion of the […]


Is WOTUS Being Outsourced?

Senator Tom Carper (DE), the Democrat’s top environmental spokesperson in the Senate, reacted with “incredulity” to a story in Politico indicating that the EPA was exploring the possibility of having the private sector participate in rewriting the Clean Water Rule (CWR). Upon publication of the story, Carper wrote to EPA Administrator Scott Pruitt questioning whether […]


EPA Stalls Two More Obama-Era Rules

Administrator Scott Pruitt’s still young EPA has already established that it will act aggressively both to delay defending in court and to reconsider significant rules issued by the Obama EPA. The EPA recently took the following two actions.

Power Plant

EPA to Reconsider 2015 Power Plant Effluent Limitations Rule

In response to petitions from the Utility Water Act Group (UWAG) and the Small Business Administration’s Office of Advocacy (SBA), EPA Administrator Scott Pruitt announced that the Agency will reconsider its November 3, 2015, final Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (ELGs). In conjunction with Pruitt’s decision […]