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Cement standard updates

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • July 1 2012

Responding to a December 2011 U.S. Court of Appeals for the District of Columbia Circuit ruling, the Environmental Protection Agency proposed changes June 25 to its 2010 air standards for the Portland cement manufacturing industry

New-build issues severed and expedited in MATS challenge

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • July 1 2012

June 28, the U.S. Court of Appeals for the District of Columbia Circuit granted White Stallion Energy Center LLC, Sunflower Electric Power Corp., Tri-State Generation and Transmission Association Inc., Power4Georgians LLC, Deseret Power Electric Cooperative, and Tenaska Trailblazer Partners LLC’s collective motion to sever issues specific to new coal-fired power plants from a host of other complaints covered under their suit challenging the Environmental Protection Agency's mercury and air toxics standards

Bird information sought

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • July 1 2012

The American Bird Conservancy filed a lawsuit against the U.S. Fish and Wildlife Service and the Bureau of Indian Affairs in the U.S. District Court for the District of Columbia June 26

CA court ruling bolsters air quality exemptions

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 17 2012

The California Supreme Court limited June 14 the number of lawsuits challenging local agency decisions exempting proposed projects from California Environmental Quality Act requirements

Diesel rule struck down

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 17 2012

The U.S. Court of Appeals for the District of Columbia Circuit struck down June 12 an Environmental Protection Agency attempt to issue an interim final rule to allow some manufacturers of heavy-duty diesel engines that do not meet emissions requirements to pay penalties and still sell their noncompliant engines, saying that the agency’s reasoning for skipping notice and comment procedures did not hold up to the good cause exemption of the Administrative Procedure Act

Cellulosic biofuel requirement challenged in court

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 17 2012

The American Fuel and Petrochemical Manufacturers and the Western States Petroleum Association petitioned the U.S. Court of Appeals for the District of Columbia Circuit June 11 to review an Environmental Protection Agency requirement that the domestic fuel supply include specified amounts of commercially scarce cellulosic biofuels in 2011

CO2 rule lawsuit

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 17 2012

On June 11, Las Brisas Energy Center LLC, developers of a proposed 1,300-megawatt power plant in Corpus Christi, Texas, filed a suit against the Environmental Protection Agency's proposed carbon dioxide emissions standards for new fossil fuel fired power plants

NY court dismisses RGGI challenge

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 17 2012

A New York court dismissed a June 2011 lawsuit last Wednesday, June 13, that sought to block the state’s participation on the Regional Greenhouse Gas Initiative

NJ Department of Environmental Protection facing lawsuit over GHG initiative

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 10 2012

On June 6, the Natural Resources Defense Council and Environment New Jersey filed notice at the New Jersey Superior Court Appellate Division that they intend to file a lawsuit charging that the New Jersey Department of Environmental Protection did not adhere to public notice and comment requirements of the New Jersey Administrative Procedure Act when it withdrew from the Regional Greenhouse Initiative

Federal appeals court rules against NRC on waste confidence rule

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • June 10 2012

In a case brought against the Nuclear Regulatory Commission by New York, Vermont, Connecticut, the Natural Resources Defense Council, the Southern Alliance for Clean Energy, Riverkeeper Inc., and the Blue Ridge Environmental Defense League, the U.S. Court of Appeals for the District of Columbia ruled on June 8 that the commission did not conduct a sufficiently thorough analysis of its rule determining that spent nuclear fuel could be safely stored at power plans for as long as 60 years beyond a reactor’s license