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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

Industry and environmentalists seek coal ash deadline

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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April 15 2012

On April 13, Headwaters Resources Inc., a Utah-based coal combustion residuals manufacturer and marketer, filed suit in the U.S. District Court for the District of Columbia seeking hard deadlines for the Environmental Protection Agency’s final coal ash regulations that will either define the coal combustion byproduct as hazardous or non-hazardous

Federal appeals court rules against NRC on waste confidence rule

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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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

Heavy duty diesel case dismissed

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

The U.S. District Court for the District of Columbia dismissed a lawsuit January 17 in which Navistar Inc. sought to force the Environmental Protection Agency to recall certain model year 2010 heavy-duty diesel engines

Diesel rule struck down

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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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

Ethanol survey

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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April 29 2012

According to the Renewable Fuels Association, Growth Energy, and the American Coalition for Ethanol, ethanol producers announced April 23 that they will fund a nationwide fuel survey of 160,000 gas stations, the last Environmental Protection Agency Requirement they face to move forward with E15 gasoline

Lawful to include US airlines in ETS

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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European Union, USA
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October 9 2011

European Court of Justice Advocate-General Juliane Kokott released a court opinion October 6 that is expected to play an important role in the international policy dispute over whether U.S. airlines will be included in the European Union greenhouse gas emissions trading system: that inclusion of U.S. airlines in the trading program is lawful

Cross-state rule challenged

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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September 18 2011

Luminant Energy, the largest power generator in Texas, filed suit in the U.S. Court of Appeals for the District of Columbia Circuit challenging the Environmental Protection Agency’s final Cross-State Air Pollution Rule, and asking that the court invalidate the rule as it applies to Texas, seeking a stay of the rule while the lawsuit is pending

Bird information sought

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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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

Maintenance for selective catalytic reduction challenged

Mintz Levin Cohn Ferris Glovsky and Popeo PC
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USA
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March 11 2012

Navistar filed a petition for review March 2 in the U.S. Court of Appeals for the District of Columbia Circuit challenging the Environmental Protection Agency’s approval of new emissions related maintenance and scheduled maintenance intervals related to selective catalytic reduction technology in vehicles