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Kentucky Regulatory Update
  • Dinsmore & Shohl LLP
  • USA
  • May 14 2016

On April 14, 2016, the Kentucky Division for Air Quality filed two sets of regulations to bring state air quality regulations current with federal


Update on the Clean Power Plan’s Existing Power Plant Carbon Rule
  • Dinsmore & Shohl LLP
  • USA
  • May 3 2016

On February 9, 2016, the Supreme Court stayed implementation of the Carbon Pollution Emission Guidelines for Existing Electric Generating Units (the


D. C. Circuit vacates RICE MACT and NSPS 100-hour provision for emergency engines participating in emergency demand response programs
  • Dinsmore & Shohl LLP
  • USA
  • July 1 2015

On May 1, 2015, the United States Court of Appeals for the District of Columbia issued an opinion remanding to EPA the 2013 federal regulatory


Court addresses surface owner appeal rights involving Marcellus Shale gas wells
  • Dinsmore & Shohl LLP
  • USA
  • September 27 2012

On September 25, 2012, the West Virginia Supreme Court of Appeals entertained oral arguments in the case of James Martin, Director v. Matthew L. Hamblet, Docket No. 11-1157


W.Va. Supreme Court affirms award of attorneys’ fees and expenses against WVDEP in surface mine board appeals
  • Dinsmore & Shohl LLP
  • USA
  • October 30 2012

By a per curiam (“for the Court”) decision issued on October 19, 2012, the West Virginia Supreme Court of Appeals ruled that the West Virginia Department of Environmental Protection (“WVDEP”) is obligated to pay the Hominy Creek Preservation Association (“HCPA”) more than $300,000 in attorneys’ fees and costs incurred in connection with two consolidated appeals brought before the West Virginia Surface Mine Board


State primacy in coal mining regulations challenged: environmental group seeks Federal Court jurisdiction
  • Dinsmore & Shohl LLP
  • USA
  • October 14 2013

State sovereignty over the regulation of coal mining is again under attack by anti-industry groups. In Montana Environmental Information Centeret al


Obtaining stimulus funds comes with "green" strings attached
  • Dinsmore & Shohl LLP
  • USA
  • March 10 2010

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (ARRA


EPA's new "guidance" on coal mine permitting reveals a different kind of transparency
  • Dinsmore & Shohl LLP
  • USA
  • April 30 2010

About a year ago, I wrote in these pages that efforts by the federal Environmental Protection Agency (EPA) to restrict coal mining in West Virginia have very little to do with trying to enforce compliance with existing laws


Coal ash regulations: EPA speaks - sort of...
  • Dinsmore & Shohl LLP
  • USA
  • May 7 2010

On Tuesday May 4, 2010, EPA started the process of federal regulation over the disposal and storage of coal combustion residuals, commonly referred to as coal ash


Double jeopardy? Citizen suit may proceed despite government enforcement action
  • Dinsmore & Shohl LLP
  • USA
  • September 2 2009

A Clean Water Act citizen suit may proceed against a coal operator notwithstanding government enforcement action addressing the same alleged violations, according to a federal district judge in West Virginia