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On May 26, 2011, a United States District Court for the District of Columbia ordered the United States Environmental Protection Agency (“EPA”) to issue a final, non-appealable Prevention of Significant Deterioration (“PSD”) permit decision no later than August 27, 2011 for Avenal Power Center, LLC’s 600 megawatt natural gas-fired power plant in California. 

On May 20, 2011, Judge Ernest Goldsmith of the Superior Court of California issued a judgment that orders the California Air Resources Board (“CARB”) to stop implementing a cap-and-trade program until the board analyzes alternatives to the cap-and-trade program as part of the agency’s scoping plan.

On May 27, 2011, the Public Utility Commission of Texas (“Texas Commission”) held a workshop regarding Entergy Texas’ proposal to join the Midwest Independent System Operator, Inc. (“Midwest ISO”).  The Midwest ISO made a presentation to the Texas Commission explaining how its system is operated and explaining the benefits of Entergy joining its system.

On May 16, 2011, the Environmental Protection Agency (“EPA” or “Agency”) stayed indefinitely the effective date for the controversial final rules, “National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters” (the “Major Source Boiler MACT”) and “Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incinerator Units” (the “CISWI Rule”). 

On May 20, 2011, eighty parties representing a cross-section of American business filed their opening brief in the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit” or the “Court”) challenging EPA’s finding that greenhouse gases (“GHGs”) emitted by new motor vehicles endanger the public health and welfare by contributing to climate change.  A group of states filed separate briefs challenging that finding as well.