Menu
Sep 15, 2014

EPA Emissions Cap Raises Questions About the Expansion of RGGI Participant States

The EPA’s proposal to regulate power plants through carbon emission caps has caused speculation that more states will join the Regional Greenhouse Gas Initiative (RGGI) as a means of complying with the new regulations. The RGGI uses a cap-and-trade program to regulate carbon emissions in its member states. Several factors make the RGGI an attractive solution to some states. Joining the RGGI would allow states to plug into an existing compliance system rather than creating one from scratch. It would also give states an additional two years to comply with the proposed EPA rule, and the program has the potential… Read more


Apr 11, 2014

EPA Environmental Appeals Board Rejects Challenge to GHG Permit Limits

Sierra Club challenged as insufficient the permit limits for greenhouse gases (GHGs) imposed by EPA in a permit for a new natural gas-fired power plant issued for the La Paloma Energy Center. In re: La Paloma Energy Center.  On March 14, EPA’s Environmental Appeals Board (EAB) rejected Sierra Club’s challenge and affirmed EPA’s use of a menu of GHG permit limits for the permittee to choose from, depending on the turbine model selected by the permittee. Rather than set a single permit limit based upon the best available control technology (BACT), EPA allowed the permittee to choose its GHG limit… Read more


Oct 11, 2013

Tort Lawsuits Filed Against Power Plants in Wake of 3rd Circuit Ruling

On August 20, the Third Circuit U.S. Court of Appeals reversed a ruling by the U.S. District Court for the Western District of Pennsylvania that had dismissed a private tort lawsuit against a coal-fired power plant, alleging state tort law claims in negligence, nuisance and trespass.  The Third Circuit held that under a 1987 U.S. Supreme Court case, International Paper Co. v. Oullette, allowing private tort suits against facilities holding Clean Water Act permits, such suits against facilities holding Clean Air Act permits are not preempted by the Clean Air Act.  The court distinguished the 2011 Supreme Court case of… Read more