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Biomass permit exemption challenged

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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August 21 2011

Georgia Forestwatch, Wild Virginia, the Center for Biological Diversity, Conservation Law Foundation, and Natural Resources Council of Maine filed a lawsuit August 15 in the U.S. Court of Appeals for the District of Columbia Circuit against the Environmental Protection Agency, challenging a rule that exempts facilities burning biomass from the requirement to obtain greenhouse gas emissions permits for three years

10th Circuit oks Sierra Club’s lawsuit dismissal

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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June 5 2011

On May 31, the U.S. Court of Appeals for the Tenth Circuit upheld a lower court’s dismissal of a lawsuit filed by the Sierra Club against a power generator in Wyoming, saying the conservation group’s legal action was barred by the doctrine of issue preclusion

Biomass delay challenged

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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September 25 2011

The Natural Resources Defense Council filed suit September 19 in the U.S. Court of Appeals for the District of Columbia Circuit against the Environmental Protection Agency

Industry asks Supreme Court about legality of retroactive rulemaking

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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August 7 2011

On July 21, the National Petrochemical and Refiners Association and the American Petroleum Institute petitioned the U.S. Supreme Court to decide whether a federal agency that misses a statutory rulemaking deadline can apply a regulation retroactively based on implicit, not actual, congressional authorization

CA Supreme Court validates Clean Water Act use

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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August 21 2011

The California Supreme Court unanimously held August 15 that regulators did not violate the Clean Water Act by applying a cost-benefit standard to determine whether the Moss Landing Power Plant’s cooling water design reflected the best available technology to protect fish and other aquatic organisms

Utility MACT challenged

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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October 16 2011

The Utility Air Regulatory Group and 25 states petitioned the U.S. District Court for the District of Columbia October 7 to postpone until 2012 the deadline for the Environmental Protection Agency to issue a final rule requiring power plants to control toxic emissions

VT nuclear plant remains open

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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January 22 2012

On January 19, the U.S. District Court for the District of Vermont issued a permanent injunction sought by Entergy Corp., ruling that a Vermont state permit law was preempted by the federal Atomic Energy Act

Wind investigations initiated

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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January 22 2012

Following a petition from a coalition of wind tower manufacturers that alleged unfair pricing, the Department of Commerce announced January 19 that it is initiating investigations into utility-scale wind towers in China and Vietnam

FAA ordered to review earlier Cape Wind environmental findings

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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October 30 2011

On October 28, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Federal Aviation Administration must review potential hazards of the proposed Cape Wind project off the coast of Massachusetts after failing to follow its own internal procedures in the initial review

Reporting requirements challenged

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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February 26 2012

The American Petroleum Institute and the American Gas Association filed lawsuits February 21 in the U.S. Court of Appeals for the District of Columbia Circuit challenging a December 2011 Environmental Protection Agency rule that requires petroleum and gas drilling operations to report 2011 emissions from wells and storage tanks on a county level and by geologic formation

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