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Court Declines To Vacate Environmental Assessment Of Dakota Access Pipeline, Operations To Continue
The U.S. District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers' ("Corps") Environmental Assessment ("EA") of the Dakota Access Pipeline while...
United States
24 Oct 2017
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Court Declines To Vacate Environmental Assessment Of Dakota Access Pipeline, Permitting Oil To Flow During Remand
The court's decision—which permits the EA and a related easement granted by the Corps to remain in effect—will allow the pipeline to continue operating during the remand period.
United States
23 Oct 2017
3
Cadwalader Attorneys Examine D.C. Circuit Decisions Upholding FERC Environmental Review
Cadwalader attorneys examined decisions by the U.S. Court of Appeals for the District of Columbia Circuit rejecting two related challenges to the Federal Energy Regulatory Commission...
United States
11 Jul 2016
4
D.C. Circuit Upholds FERC's NEPA Analysis In Sabine Pass And Freeport LNG Projects
On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit rejected two related challenges to the Federal Energy Regulatory Commission's environmental review of the Sabine Pass LNG...
United States
4 Jul 2016
5
Recent Developments In Regulating Greenhouse Gas Emissions
A summary of the most recent developments in regulating greenhouse emissions.
United States
16 Jul 2013
6
EPA Petitions DC Circuit For Rehearing Of EME Homer City Generation, L.P. Decision
On October 12, 2012, the Court ordered State and Local Government petitioners, and Industry and Labor Non-Government petitioners to file responses to the petitions for rehearing en banc within 15 days.
United States
16 Oct 2012
7
Implications Of The D.C. Circuit Court Decision In EPA Cross-State Air Pollution Rule
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.
United States
11 Sep 2012
8
The DC Circuit Court Vacates Cross-State Air Pollution Rule
Today, in a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit issued its decision vacating the Environmental Protection Agency's (EPA) Cross-State Air Pollution Rule (CSAPR), which requires significant reductions in emissions from power plants in certain states that contributed to "downwind" ozone or fine particle pollution in other states.
United States
23 Aug 2012
9
EPA Proposes CO2 Emissions Standards For New Fossil Fuel-Fired Power Generators
On March 27, 2012 the Environmental Protection Agency ("EPA") submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for new fossil fuel-fired electric utility generating units ("EGUs") with a base load rating of more than 73 MW (the "proposed rule").
United States
16 Apr 2012
10
FERC Staff Seeks Comments On Its Proposal For A Process To Advise The EPA
On January 30, 2012, the Federal Energy Regulatory Commission ("FERC" or "Commission") staff issued a White Paper explaining staff’s proposal on advising the Environmental Protection Agency ("EPA") in responding to requests for an extension of time to comply with EPA’s Mercury and Air Toxics Standards ("MATS").1 FERC staff is seeking comments on its proposal.
United States
15 Feb 2012
11
"American Electric Power Co. v. Connecticut": The Supreme Court Bars Tort Lawsuits Challenging Greenhouse Gas Emissions
On June 20, 2011, the U.S. Supreme Court unanimously held that the Clean Air Act, and the authority it confers on the U.S. Environmental Protection Agency (EPA) to regulate emissions of carbon dioxide and other greenhouse gases, "displaces" any federal common law right of state, municipal and private plaintiffs to assert tort claims in the federal courts seeking injunctive relief for alleged harm from greenhouse gas emissions.
United States
18 Sep 2011
12
EPA Finalizes Long-Awaited Transport Rule To Replace CAIR
On July 6, 2011, the U.S. Environmental Protection Agency ("EPA") issued its final Cross-State Air Pollution Rule ("CSAPR" or "Final Rule") pursuant to Section 110(a)(2)(D)(i)(I) of the Clean Air Act, 42 U.S.C. § 7410(a)(2)(D)(i)(I).
United States
8 Sep 2011
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