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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


Challenge to plant approval dismissed
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 19 2012

On February 17, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit dismissed a petition by the Blue Ridge Environmental Defense League asking that the court review internal documents related to the Nuclear Regulatory Commission's decision to reinstate construction permits for the Tennessee Valley Authority’s Bellefonte Units 1 and 2 in Alabama


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


Carmakers support mobile regs
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 9 2011

The Alliance of Automobile Manufacturers and Association of Global Automakers said in an amicus brief filed September 30 in the U.S. Court of Appeals for the District of Columbia Circuit that the Environmental Protection Agency is required under the Clean Air Act to regulate greenhouse gas emissions from cars and trucks after it determined that related emissions endanger the public


Lawful to include US airlines in ETS
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • European Union, USA
  • 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


Navistar case
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 20 2012

During oral arguments May 14, the U.S. Court of Appeals for the District of Columbia Circuit questioned the Environmental Protection Agency about why it did not provide for notice and comment on an interim final rule that allows Navistar Inc. to produce heavy-duty diesel engines that exceed nitrogen oxides limits if it pays nonconformance penalties


Biomass permitting delay defended
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 20 2012

The Environmental Protection Agency filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit May 14 defending its decision to postpone greenhouse gas permitting for sources that burn biomass as art of its effort to phase in the permitting program beginning with the largest sources


Court affirms government must pay for nuclear waste storage
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 20 2012

On May 18, the U.S. Court of Appeals for the Federal Circuit upheld approximately $142 million in damages to Yankee Atomic Electric Co., Maine Yankee Atomic Power Co., and Connecticut Yankee Atomic Power Co. to cover the costs, including Nuclear Regulatory Commission fees, of storing spent nuclear fuel that should have gone to the government's Yucca Mountain storage facility per agreements signed under the 1982 Nuclear Waste Policy Act


Industry and environmentalists seek coal ash deadline
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • 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


Biofuel groups defend RFS
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 15 2012

The Advanced Biofuels Association, American Coalition for Ethanol, Advanced Ethanol Council, Biotechnological Industry Organization, Growth Energy, and Renewable Fuels Association filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit April 6 seeking permission to intervene on behalf of the Environmental Protection Agency in lawsuits challenging its renewable fuel standards