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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


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


Nuclear Regulatory Commission
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 13 2012

A three-judge panel of the U.S. Court of Appeals for the District of Columbia questioned May 9 whether Vermont exhausted its administrative remedies before suing the Nuclear Regulatory Commission over a new 20-year nuclear power plant license for the Vermont Yankee Nuclear Power Station


Tailpipe rule defended
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • September 11 2011

The Environmental Protection Agency filed a brief September 1 in the U.S. Court of Appeals for the District of Columbia Circuit in defense of its tailpipe rule


Oral arguments scheduled
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 12 2012

The U.S. Court of Appeals for the District of Columbia issued a schedule for oral arguments February 8 in several lawsuits challenging the Environmental Protection Agency’ greenhouse gas regulations


Continuing legal challenges to CSAPR
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 12 2012

On February 9, the labor and industry plaintiffs challenging the Environmental Protection Agency’s Cross-State Air Pollution Rule in the U.S. Court of Appeals for the District of Columbia Circuit filed a brief arguing that the rule disregarded the actual “significant contribution” of a state to downwind air quality impairment, while separately, states and local governments also challenging the rule filed briefs claiming that the agency inappropriately usurped state power while implementing the rule


Controls for SW plants sought
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 25 2012

The National Parks Conservation Association and Diné CARE, a Navajo tribal environmental group, filed a complaint for declaratory and injunctive relief March 19 in the U.S. District Court for the District of Columbia alleging that the Environmental Protection Agency failed to require modern pollution controls for two power plants in Arizona and New Mexico


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