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What’s Been Killing U.S. Coal?

Legal Planet

The passage of the 1970 Clean Air Act and its major 1990 Amendments don’t show up at all in a graph of coal use. Coal began to really plunge in 2012, three years before Obama’s Clean Power Plan was issued. By 2012 about half of 1980 employment had already been lost, nearly all in Appalachia.

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Update: Supreme Court Will Review EPA’s Cross-State Air Pollution Rule

The Energy Law Blog

Environmental Protection Agency (“EPA”) and the American Lung Association in the litigation involving EPA’s Cross-State Air Pollution Rule (“CSAPR”). On August 21, 2012, in a 2-1 decision, the D.C. The two consolidated cases the Supreme Court agreed to hear are EPA v.

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D.C. Circuit Vacates EPA’s Cross-State Air Pollution Rule

The Energy Law Blog

Wiegand On August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit vacated EPA’s Cross-State Air Pollution Rule (CSAPR). Specifically, only states that contributed a threshold amount to the air pollution in a downwind state were subject to the provision. By Stephen W.

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EPA’s Cross-State Air Pollution Rule Will Have A Dramatic Impact on Texas and Louisiana

The Energy Law Blog

By: Lesley Foxhall Pietras On August 8, 2011, the Environmental Protection Agency (EPA) published a far-reaching Clean Air Act rule intended to address the interstate transport of sulfur dioxide (SO2) and nitrogen oxides (NOx) from upwind to downwind states. See 76 Fed. 48208 (Aug. See David E.

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The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

Legal Planet

Notwithstanding these differences between EPA’s projections and actual manufacturer decisions, the industry as a whole was not only able to comply with the standards during the period of those standards (2012-2016), but to generate substantial additional credits for overcompliance.” [p. 175 of the pre-Fed.

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EPA Seeks Rehearing En Banc of D.C. Circuit Panel Decision on Cross-State Air Pollution Rule

The Energy Law Blog

By Lesley Foxhall Pietras On October 5, 2012, EPA filed a petition for en banc rehearing of the D.C. Circuit’s August 21, 2012 panel decision vacating EPA’s Cross-State Air Pollution Rule (CSAPR).

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Improving EPA’s Latest Ozone Transport Rule

Acoel

This level of forced retirements is far in excess of any prior EPA projections of plant shutdowns resulting from implementation of a Clean Air Act rulemaking. For example, EPA projected a total of just 4,700 MW of coal capacity retirements under the 2012 Mercury and Air Toxics Standards rule.

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