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Tag: Court

Supreme Court Clears Way for Limits on Power Plant Mercury, Methane Emissions

October 6, 2024
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The U.S. Supreme Court has said that rules requiring power plants burning fossil fuels to reduce emissions of toxic substances can stand, dealing a blow to several Republican-led states and […]

The post Supreme Court Clears Way for Limits on Power Plant Mercury, Methane Emissions appeared first on POWER Magazine.

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Court Kills Trump Rule on Power Plant Emissions

January 21, 2021
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The post Court Kills Trump Rule on Power Plant Emissions appeared first on POWER Magazine.

A federal appeals court has vacated the Trump administration’s rollback of Obama-era greenhouse gas emission standards for power plants. A three-judge panel of the U.S. Court of Appeals for the District of Columbia on Jan. 19 said the measure intended to replace those standards, the Affordable Clean Energy (ACE) rule, “rested critically on a mistaken reading of the Clean Air Act,” or CAA.

The panel in its ruling said the U.S. Environmental Protection Agency’s (EPA’s) recission of the 2015 Clean Power Plan (CPP), and subsequent adoption of the 2019 ACE rule, failed to comply with the CAA. The decision is another blow to the Trump administration’s bid to leave a legacy of deregulation, particularly at the EPA, as it rebukes one of the administration’s highest-profile replacements of Obama-era environmental rules.

The judges among other things found that the ACE rule failed to provide adequate environmental and public health protections.…

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Another Court Challenge for Nuclear Waste Storage Site

June 10, 2020
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The post Another Court Challenge for Nuclear Waste Storage Site appeared first on POWER Magazine.

Another legal challenge has been filed against the ongoing effort to build a storage site for U.S. nuclear waste in the New Mexico desert.

Beyond Nuclear, among the environmental and other groups opposed to the project that would be built by Holtec International, on June 4 filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit. The group has asked the court to review the U.S. Nuclear Regulatory Commission’s (NRC’s) rejection of their earlier petitions against the project.

Holtec International, a private company that specializes in spent nuclear fuel storage and management, wants to build what it calls its HI-STORE Consolidated Interim Storage Facility (CISF) in southeastern New Mexico. The site in the desert near Carlsbad has been the subject of opposition from several groups, including state lawmakers and Gov. Michelle Lujan Grisham.

Supporters of the storage site have said it would bring an estimated $ 3 billion in capital investments to the region, and create about 100 jobs.…

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Minnesota Court Blocks Construction of Gas-Fired Plant

December 24, 2019
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The post Minnesota Court Blocks Construction of Gas-Fired Plant appeared first on POWER Magazine.

A Minnesota court on Dec. 23 said a proposed natural gas-fired power plant in neighboring Wisconsin needs more environmental review before construction can proceed, reversing an earlier decision by the state’s Public Utilities Commission that approved the facility.

The state Court of Appeals on Monday said state regulators must look at whether the Nemadji Trail Energy Center in Superior, Wisconsin, which was approved by the PUC in October 2018 and would have a generation capacity of 525 to 625 MW, would have “significant environmental effects” on the surrounding area. The court’s ruling means the PUC must conduct another review of the plant.

Minnesota Power, a utility division of Midwestern energy company ALLETE and headquartered in Duluth, and La Crosse, Wisconsin-based Dairyland Power Cooperative want to build the proposed $ 700 million Nemadji Trail plant on land between the Nemadjij River and Enbridge Energy’s Superior terminal, near Lake Superior at the border of Minnesota and Wisconsin.…

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Judge: Court Will Consider Rival Proposal for PG&E Reorganization

October 12, 2019
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The post Judge: Court Will Consider Rival Proposal for PG&E Reorganization appeared first on POWER Magazine.

A federal bankruptcy judge on Oct. 9 ruled that Pacific Gas & Electric (PG&E), California’s largest utility, does not have the sole right to determine the terms of its reorganization. Judge Dennis Montali said those who support a rival proposal, which was devised by a group of the utility’s creditors, can have their plan considered.

The decision could have major consequences for the utility’s customers. PG&E filed for bankruptcy protection in January, with the company saying it faced $ 30 billion or more in liabilities related to wildfires in California that caused massive property damage and left dozens dead.

Montali ruled that the court can look at a reorganization plan created by a group of PG&E creditors that includes prominent hedge funds. The plan also is backed by individuals who have claims against the utility for wildfire damage.

Montali’s ruling Wednesday came after a court hearing on Monday in San Francisco.…

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Competitive Generators Look to the Supreme Court After Seventh Circuit Declines Rehearing on Nuclear Subsidies

October 12, 2018
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The Seventh Circuit Court of Appeals has declined to rehear a case that challenges nuclear subsidies in Illinois, effectively dealing a blow to a group of competitive generators, which have fought the measure for several years.

In an order issued on October 9, the appellate court said its full judicial panel had voted to deny a September 29–filed petition from the Electric Power Supply Association (EPSA), a national trade association representing independent power producers and marketers, that urged it to rehear a case challenging the state’s zero emissions credit (ZEC) program under the Illinois Future Energy Jobs Act. In its petition, the group argued that the court erred or overlooked significant aspects of its case when the court issuedits final judgment on September 13.

The court’s decision, which essentially left the door open for states to subsidize nuclear generation, was hailed as a victory for Exelon Corp., which lobbied for the measure to protect its financially flailing nuclear assets.…

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