The August 21, 2012 decision of the U.S. Court of Appeals for the
D.C. Circuit to vacate EPA's Cross-State Air Pollution Rule
marks a material interpretation of EPA's authority under the
Clean Air Act - an "unsettling" departure from judicial
restraint (according to the dissent). To consider what this means
for power producers and other energy market participants,
Cadwalader held a teleconference discussion on Tuesday, September 4
about the implications of this important decision.
Hosted by Cadwalader bankruptcy partner
George Davis, this conference featured energy partner
Ken Irvin, who discussed the court's decision and its
impact on energy markets and generators, and litigation partner
David Williams, who discussed the different appellate review
options available to EPA.
The call also featured guest speakers
Lee Van Atta and
Ronald Moe of SAIC and
Matthew Mazzucchi of Houlihan Lokey, who addressed the impact
vacating CSAPR has on earnings and capital expenditures of
generators, which still face material costs for compliance with a
gauntlet of EPA regulation, including: Mercury and Air Toxics
Standards (MATS or Utility MACT), proposed Cooling Water Intake
Structures regulation, proposed disposal of Coal Combustion
Residuals regulation, and proposed Greenhouse Gas regulations.
UPDATE Click here to download the presentation
materials. Click here to download a recording of the
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n Tuesday, January 31, President Trump nominated Tenth Circuit Judge Neil Gorsuch to replace Justice Antonin Scalia on the US Supreme Court. This advisory reviews several of Judge Gorsuch's opinions related to environmental and administrative law issues.
Days before President Trump was sworn in, the U.S. Environmental Protection Agency (EPA) published amendments to the Risk Management Plan (RMP) rule, which implements Section 112(r) of the Clean Air Act.
Last Monday, in a comprehensive, 189-page opinion, Judge Rodney Sippel ruled that Ameren Missouri had violated EPA's PSD regulations by failing to get permits for upgrades in 2007 and 2010 at its Rush Island facility.
Specifically, the memo requires the Secretary of Commerce to solicit comments on the impacts of federal regulations on domestic manufacturers, as well as federal actions to streamline permitting and otherwise reduce regulatory burdens.
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