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On June 23, 2014, the U.S. Supreme Court reversed the Environmental Protection Agency’s (“EPA”) “Tailoring Rule,” but affirmed EPA’s authority to regulate greenhouse gas (“GHG”) emissions under the Clean Air Act (“CAA”) Prevention of Significant Deterioration (“PSD”) permit program.  Writing for a five-member majority, Justice Antonin Scalia notably ruled that EPA could not “tailor” the PSD statutory permitting thresholds to exclude small GHG emitters from PSD program requirements.

On June 2, 2014, as directed by President Obama’s Climate Action Plan, U.S. Environmental Protection Agency (“EPA”) Administrator Gina McCarthy signed EPA’s proposed emission guidelines for existing electric utility generating units, which EPA has dubbed the “Clean Power Plan.”  The proposal sets state-specific, rate-based goals.  According to EPA, this proposal will help reduce carbon emissions from the power sector 30% from 2005 levels by 2030.

On May 29, 2014, the White House released a report, titled “The All-Of-the-Above Energy Strategy as a Path to Sustainable Growth,” wherein the report details the President’s energy approach and the ways in which the U.S. energy sector has changed during the President’s tenure.  The report was released just days before the Environmental Protection Agency (“EPA”) is due to announce its new guidelines for limiting carbon dioxide for existing power plants under the Clean Air Act.

On April 29, 2014, the United States Supreme Court (“Supreme Court”) reversed and remanded the D.C. Circuit’s 2012 decision that vacated the Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”).  The decision was 6-2 with Justices Antonin Scalia and Clarence Thomas dissenting.  Justice Samuel Alito recused himself from this case and therefore did not participate in the decision.

On April 15, 2014, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) fully upheld the Environmental Protection Agency’s (“EPA”) Mercury and Air Toxics Standards (“MATS”). As a result, all existing coal- and oil-fired electric utility units will be required to meet specific, numeric emission limits for mercury, particulate matter, and acid gases next year.

On April 7, 2014, the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) announced the agency proposed an all-time high of more than $9.7 million in civil penalties in 2013 to pipeline operators for violations of safety regulations.  PHMSA’s summary of cases involving civil penalties indicated that of the 266 initiated enforcement matters in 2013, 63 advanced to the civil penalty stage and accounted for the record amount of penalties.

On February 12, 2014, as directed by President Barack Obama in Executive Order No. 13636, the National Institute for Standards and Technology (“NIST”), an agency within the Department of Commerce, released the final Cybersecurity Framework (“Framework”).  While the Framework is intended to be voluntary, and is designed to facilitate the establishment of a national set of standards for cyber risk management across all segments of the economy, the manner in which the Framework will be implemented by and through the Sector-Specific Agencies, such as DOE, remains to be seen.

On February 4, 2014, the Environmental Protection Agency (“EPA”) released an Advanced Notice of Proposed Rulemaking (“ANOPR”) requesting comments on its Environmental Radiation Protection Standards for Nuclear Power Operations (“Radiation Standards”).  The ANOPR seeks input on six main issues to determine how to update the Radiation Standards and what, if any changes should be made.

On October 28, 2013, the U.S. District Court for the District of Columbia (“Court”) issued its Memorandum Opinion in the Environmental Protection Agency (“EPA”) Coal Combustion Residue (“CCR”) litigation.  Under the Memorandum Opinion, the Court is directing EPA to provide a proposed schedule near the end of December for completing its CCR rulemaking.