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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
program.
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.
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