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.
Environmental News
CARB Ordered to Stop Work on Cap-and-Trade Program
By Troutman Pepper Locke on
Posted in Uncategorized
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.
EPA Delays Boiler MACT Rules Indefinitely
By Troutman Pepper Locke on
Posted in Uncategorized
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”).
Initial Briefs Filed Challenging EPA’s Greenhouse Gas Endangerment Finding
By Troutman Pepper Locke on
Posted in Uncategorized
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.
NYISO Releases “Power Trends 2011”
By Troutman Pepper Locke on
Posted in Uncategorized
On April 25, 2011, the New York Independent System Operator (“NYISO”) issued its annual review document, “Power Trends 2011: Energizing New York’s Legacy of Leadership” (the “Report”). In the Report, NYISO president and CEO, Stephen G. Whitley, announced: “[t]he immediate outlook for New York’s electric system is positive, but the sustained adequacy of power resources may be affected by a variety of emerging challenges.”
Interior Issues Final Approval for Cape Wind Project
By Troutman Pepper Locke on
Posted in Uncategorized
On April 19, 2011, Ken Salazar, the Secretary for the U.S. Department of Interior (“Interior”) announced that the Cape Wind Energy Project’s Construction and Operation Plan (“COP”) received approval from the Bureau of Ocean Energy Management, Regulation and Enforcement (“BOEMRE”).
Governor Brown Signs into Law California’s 33 Percent RPS
By Troutman Pepper Locke on
Posted in Uncategorized
On April 12, 2011, California Governor Jerry Brown signed into law SBX1-2 mandating the state adopt a thirty-three percent renewable portfolio standard (“RPS”) by the year 2020.
President Obama Delivers Remarks on America’s Energy Security
By Troutman Pepper Locke on
Posted in Uncategorized
On March 30, 2011, President Barack Obama delivered remarks at Georgetown University on Energy Security, the United States’ dependence on foreign oil, the increase in natural gas production, a clean energy standard, and the use of nuclear power.
EPA Issues Proposed Cooling Water Intake Rule
By Troutman Pepper Locke on
Posted in Uncategorized
On March 28, 2011, the Environmental Protection Agency (“EPA”) published a new proposed cooling water intake rule for existing power plants and manufacturing facilities to be implemented through National Pollutant Discharge Elimination System permits.
Troutman Partner Glaser Testifies Before Congress on Greenhouse Gas Issue
By Troutman Pepper Locke on
Posted in Uncategorized
On March 31, 2011, Peter Glaser, Chair of Troutman Sanders’ climate change team, testified before the House Committee on Science, Space, and Technology, which held hearings entitled “Climate Change: Examining the Processes Used to Create Science and Policy.”