On October 5, 2012, the Environmental Protection Agency (“EPA”) filed a petition with the U.S. Court of Appeals for the District of Columbia requesting en banc rehearing of its ruling on the EPA’s Cross State Air Pollution Rule (“CSAPR”). The court, in a three judge panel, vacated CSAPR in a 2-1 decision on August 21, 2012 (“August 21 Order”).
Environmental News
EPA Says It Needs More than Six Months to Finalize Coal Ash Regulations
In an October 12, 2012, filing with the United States District Court for the District of Columbia, EPA told the Court it needs a year or more to finalize its pending regulations for coal combustion residuals (“coal ash”). EPA’s filing resisted a lawsuit filed by environmental parties seeking to impose a six-month deadline for finalization of the coal ash regulations.
NTSB Report Faults Enbridge and PHMSA for 2010 Oil Spill
On July 10, 2012, the National Transportation Safety Board (“NTSB”) approved a staff report that faults both Enbridge Energy, Limited Partnership (“Enbridge”) and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) for a 2010 pipeline rupture that spilled almost 850,000 gallons of crude oil in Marshall, Michigan.
EPA Determines Not to Lower Current Greenhouse Gas Permitting Thresholds
On June 29, 2012, the Environmental Protection Agency (“EPA”) finalized Step 3 of its Greenhouse Gas Tailoring Rule, but decided not to lower the 75,000 and 100,000 ton-per-year emission thresholds that currently allow minor sources of greenhouse gases to avoid permitting requirements.
Second Circuit Validates FERC’s Environmental Review of a New Natural Gas Pipeline Construction Project to Carry Marcellus Shale Gas
In an unpublished memorandum order, the Second Circuit upheld FERC’s approval of a 39-mile natural gas pipeline in Pennsylvania without first preparing a full Environmental Impact Statement (“EIS”).
Carbon Savings of Wind Likely Reduced by Ramping of Fossil Fuels to Balance Intermittency
Researchers at the U.S. Department of Energy’s Argonne National Laboratory recently performed a modeling study aimed to quantify the total effect that increases in wind energy will have on pollutant emissions from an electric power system. Although wind energy generation does not itself generate harmful emissions, wind is thought to have the potential to create a negative effect on emissions from the rest of the power grid as thermal power producers are required to adjust their output level in response to wind’s variability and unpredictability.
EPA Confirms that Cross-State Rule Trading Programs Satisfy Regional Haze Requirements
On May 30, 2012, EPA finalized its proposal to allow states to use compliance with the Cross-State Air Pollution Rule (“CSAPR”) as an alternative to the Best Available Retrofit Technology (“BART”) requirements for individual sources under the Clean Air Act regional haze program. To help implement this decision, EPA also replaced several state regional haze plans that relied on the predecessor to CSAPR, the Clean Air Interstate Rule (“CAIR”), with federal plans that rely on CSAPR in lieu of BART.
Troutman Partner Testifies before Congress on Coal Issues
Peter Glaser, a partner in Troutman’s Washington, D.C. office, gave testimony last Thursday before the House Committee on Oversight and Government Reform in a hearing called to examine the Administration’s “all-of-the-above” energy policy.
Court Dismisses Climate Change Tort Case
In the wake of the Supreme Court’s decision in Connecticut v. AEP, a federal district court in Mississippi on Wednesday, March 21st, dismissed a re-filed case, the “Comer 2” case, seeking damages for the alleged tort of global warming.
EPA Tells Congress that Four Years is Enough for Mercury Controls
In a hearing before a Senate subcommittee on Tuesday, March 20th, EPA’s top air official, Gina McCarthy, continued to maintain that utility companies will have plenty of time to install new pollution controls required by EPA’s recently promulgated mercury standards.