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EU court confirms inclusion of international airlines in ETS
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • European Union, USA
  • January 8 2012

The European Union’s Court of Justice ruled December 21 that an attempt by United States airline operators to avoid inclusion in the EU’s Emissions Trading System is invalid and not justified by international law or specific agreements between the two parties


MA upholds wind purchase agreement
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The Massachusetts Supreme Judicial Court upheld a 15 year power purchase agreement between Cape Wind and National Grid December 28


Ethanol waiver lawsuit
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 22 2012

The U.S. Court of Appeals for the District of Columbia Circuit questioned industry groups during oral argument April 17 to explain how they were harmed by Environmental Protection Agency waivers allowing gasoline to contain up to 15 percent ethanol, and whether they had standing to bring the challenges


VT nuclear plant remains open
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • 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


EPA air quality standards to be finalized in June
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 22 2012

On January 17, the Environmental Protection Agency told the U.S. Court of Appeals for the District of Columbia Circuit it would propose revised air quality standards for particulate matter by June 2012 with a finalized version by June 2013, asking for more time to complete its own internal review


CA fuel standard legal battle
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The California Air Resources Board, the Natural Resources Defense Council, Sierra Club, Environmental Defense Fund, and Conservation Law Foundation filed an appeal in the U.S. Court of Appeals for the Ninth Circuit January 5 to overturn a federal district court decision that temporarily blocked the state from implementing its low-carbon fuel standard


CA portable equipment ruling
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The California Court of Appeal, Third Appellate District ruled December 27 that the Sacramento Metropolitan Air Quality Management District has the authority to determine whether a statewide registration for portable equipment is valid, and if not, to require that the owner obtain a local permit


Cross-state rule delayed
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

On December 30, the U.S. Court of Appeals for the District of Columbia temporarily blocked the Environmental Protection Agency’s Cross-State Air Pollution Rule, which was slated to go into effect January 1, leaving an existing air pollution reduction program in place for the next several months


Court decision does not impact boiler MACT sources
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 15 2012

The Environmental Protection Agency said January 12 that no sources will be affected by a U.S. District Court for the District of Columbia order vacating the agency’s decision to delay the date of the Boiler MACT rule


EPSA challenges compensation method
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The Electric Power Supply Association asked the U.S. Court of Appeals for the District of Columbia Circuit December 23 to review a March 2011 Federal Energy Regulatory Commission rule that requires compensation for demand response programs that are aimed at reducing the demand for wholesale electricity during peak hours