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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


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


VT nuke block attempt didn’t exhaust admin remedies
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 1 2012

The U.S. Court of Appeals for the District of Columbia Circuit ruled June 26 that Vermont cannot block a 20-year license renewal for the Vermont Yankee Nuclear Power Station on the basis of a Clean Water Act procedural requirement after the state failed to exhaust its administrative remedies at the Nuclear Regulatory Commission


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


MD renewable credit fraud
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 1 2012

A federal jury in the U.S. District Court for the District of Maryland convicted June 25 Rodney Hailey of Perry Hall, MD, in connection with a scheme in which he sold $9 million in renewable fuel credits that he falsely claimed were produced by his company, Clean Green Fuel, LLC


Solar project locations challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 1 2012

Defenders of Wildlife, Sierra Club, and Natural Resources Defense Council filed a pair of lawsuits against the Department of Interior in the U.S. District Court for the Central District of California March 26 challenging a utility-scale solar project planned for public lands in California’s Mojave Desert


California offset regime challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 1 2012

On March 28, the Citizens Lobby and Our Children’s Earth filed a lawsuit in California Superior Court in San Francisco challenging the validity and enforceability of the California Air Resources Board’s offset projects allowed by the state Global Warming Solutions Act of 2006 (A.B. 32


Haze rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 8 2012

The U.S. District Court for the District of Columbia approved a consent decree March 30 setting deadlines for the Environmental Protection Agency to take action on state or federal plans to reduce regional haze in 37 states, the District of Columbia, and the U.S. Virgin Islands


EPA defends GHG findings in court
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 21 2011

On August 18, EPA filed a brief in the U.S. Court of Appeals for the DC Circuit arguing that the agency adhered strictly to Section 202(a)(1) of the Clean Air Act’s guidelines for science-based decision-making in determining that GHG emissions from vehicles endanger public health and the environment


Efficiency standards challenge rejected
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 21 2011

The U.S. Court of Appeals for the Fourth Circuit refused 2-1 August 16 to block a final rule by the Department of Energy setting the first energy efficiency standards for small electric motors