Author: Lauren A. Behan

Large coal fired power plant with smoking chimneys
Emissions / EPA
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Montana Power Plant Requests Clean Air Waiver: Is This the Future of America’s Coal Energy?

The Colstrip Power Plant in Montana is now one of the early applicants to the new EPA exemption application process which we have previously discussed here. Specifically, the Colstrip plant has requested a two-year exemption from EPA standards regarding air pollution.

Previously, in April 2024, this power plant was subject to stricter standards under updates to the Mercury and Air Toxics Standards (MATS) for power plants which was targeted at reducing airborne emissions of heavy metals including lead, arsenic, and mercury and had a compliance …

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smoke background
EPA / Regulations
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EPA Announces Rollbacks on 31 Environmental Provisions

The new administrator of the Environmental Protection Agency, Lee Zeldin, announced March 12 the agency would be rolling back 31 key environmental provisions that regulate air pollution, water protections, and the energy sector. A few of the key rollbacks are:

  • Reconsideration of regulations on power plants aimed at reducing power plant emissions by setting standards on carbon dioxide emissions and regulations.
  • Reconsideration of mercury and air toxics standards, including standards aimed at coal-powered plants which sought to reduce pollutants and regulations requiring the safe management
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Scenic view of agricultural field against sky
Litigation
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SEC Chairman Halts Litigation on Climate Disclosure Rules

The acting chairman of the SEC, Mark T. Uyeda, requested Feb. 11 that the Eighth Circuit pause ongoing litigation concerning the Enhancement and Standardization of Climate-Related Disclosures for Investors rule — (known as Climate Disclosure Rules) — that was adopted by the Commission on March 6, 2024.

Pursuant to the Climate Disclosure Rules, publicly traded corporations registered with the SEC would have to include, among other items, the following information in their annual reports:

  • Material climate-related risks: Climate risks that could materially affect the corporation.
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Flag of California
California / Wildfires
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California Suspends CEQA and CCA Requirements to Fastrack Rebuilding Efforts after Wildfires

California Gov. Gavin Newsom on Jan. 12 issued an executive order in response to the devastating wildfires, suspending environmental reviews required under the California Environmental Quality Act (CEQA) and permitting requirements under the California Coastal Act.

CEQA  requires for any “public project” — defined broadly as an action requiring a “public agency’s discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment” — that …

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Scientist-with-beaker
PFAS / Toxic Substances
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EPA Removes Toxic Substances Control Act Exemptions for PFAS

The Environmental Protection Agency announced Dec. 4 finalized amendments on the regulation of new chemicals under the Toxic Substances Control Act (TSCA).

Specifically, the EPA targeted stricter regulations of certain exemptions under the TCSA for PFAS and PBT chemicals. As our blog has previously reported, the challenges surrounding the manufacturing of PFAS and PFAS PBT chemicals continue to steadily increase.

The EPA through the TCSA review program acts as a “gatekeeper” for the manufacture of “new chemicals” (i.e. chemicals not presently listed in the …

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