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
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
As you may recall, on August 5, 2015, the U.S. Environmental Protection Agency ("EPA") was conducting an investigation into the Gold King Mine near Silverton, Colorado when approximately 3 million gallons of mine wastewater spilled into Cement Creek,
I am sure you heard Hillary explain last night why she is going to take action on climate change. "I believe in science." We weren't so articulate when we counseled last week to "Go to the Data," but she figured it out.
Today, the White House Council on Environmental Quality (CEQ) released final guidance for Federal agencies on how to consider the impacts of their actions on climate change in their National Environmental Policy Act (NEPA) reviews
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).