Tag Archives: Coal

The WIIN Act: A Path to Risk-Based Management of Coal Ash

Over the past several years, the EPA and states have wrestled with the controversial question of how to manage ash and other residual materials produced by the combustion of coal in coal-fired power plants. The Water Infrastructure Improvements Act (“WIIN Act”), signed by President Obama on December 16, 2016, should help provide clarity to address this question by creating a state permitting program for managing coal ash based on site-specific conditions and potential risk to human health and the environment.… Continue Reading

The Ninth Circuit Upholds a Haze Plan That Could Lead to New Flexibility in Future Rulemakings

In two related decisions issued on March 20, 2017, the Ninth Circuit upheld an EPA plan imposing regional haze requirements on the Navajo Generating Station (NGS). The rulings suggest a possibility that future haze plans need not be unduly inflexible—sometimes forcing premature unit closures, as many haze plans did during the program’s first round of implementation.… Continue Reading

Continuing Federalism Issues Emerge in Challenges to Stream Protection Rule

Recently, the states and federal agencies have clashed in a number of environmental rulemakings and subsequent litigation over those rules. These disagreements have raised a host of important legal and policy questions, including the proper balance of power between the states and the federal government and the communication process and overall relationship between the states … Continue Reading

Where Will the Power Come From?

Politico reports today that the Sierra Club is set to launch a $5 million campaign to fight construction of the 221 natural gas-fired power plants planned to be constructed across the country. Sierra Club argues that the world cannot afford more carbon dioxide emissions from combustion of fossil fuels. … Continue Reading
LexBlog