Utility Air Regulatory Group v. Environmental Protection Agency

Nodal Power Raises $13 Million Seed Round to Build Renewable Energy Power Plants at Landfills

Retrieved on: 
Thursday, August 24, 2023

SALT LAKE CITY, Aug. 24, 2023 /PRNewswire/ -- Nodal Power, a company that develops and operates landfill gas to energy power plants, today announced that it has raised a $13 million seed round to aggressively mitigate methane emissions at landfills.

Key Points: 
  • SALT LAKE CITY, Aug. 24, 2023 /PRNewswire/ -- Nodal Power, a company that develops and operates landfill gas to energy power plants, today announced that it has raised a $13 million seed round to aggressively mitigate methane emissions at landfills.
  • Nodal Power Raises 13M Seed Round to significantly reduce methane emissions at Landfills.
  • Nodal Power's technology has the potential to significantly reduce methane emissions from landfills.
  • All three sites produce renewable electricity from methane gas generated by the decomposition of organic waste at landfills.

Statement on Third Circuit's determination that EPA's reactivation policy exceeded EPA's statutory authority

Retrieved on: 
Wednesday, July 26, 2023

ST. CROIX, US Virgin Islands, July 26th, 2023 /PRNewswire-PRWeb/ -- On July 25, 2023, the United States Court of Appeals for the Third Circuit agreed with Port Hamilton Refining and Transportation, LLLP ("Port Hamilton") that the Environmental Protection Agency ("EPA") exceeded its statutory authority when it attempted to impose regulatory requirements on Port Hamilton's refinery on St. Croix that Congress had made applicable to facilities constructed after August 1977. The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.

Key Points: 
  • The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.
  • The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.
  • "Despite our disagreement with EPA," Rodriguez said, "Port Hamilton shares EPA's concern for the environment and people of St. Croix.
  • Port Hamilton shares EPA's concern for the environment and people of St. Croix.

MiQ-Highwood Index ™ Reveals Up-to-Date, Measurement-Informed Estimate of U.S. Average Methane Intensity

Retrieved on: 
Thursday, June 8, 2023

Landmark methodology developed by scientific experts used to extrapolate U.S. average natural gas supply chain methane intensity to 2.2%2 leakage – double U.S. greenhouse gas intensity estimates.

Key Points: 
  • Landmark methodology developed by scientific experts used to extrapolate U.S. average natural gas supply chain methane intensity to 2.2%2 leakage – double U.S. greenhouse gas intensity estimates.
  • The MiQ-Highwood Index™ 1 provides a data-driven system aimed at supporting the certified gas market, investors, and regulators alike.
  • NEW YORK, June 8, 2023 /PRNewswire/ -- MiQ and Highwood Emissions Management (HEM) today released the first open-access, measurement-informed methane intensity index for the U.S. natural gas sector.
  • An index built on credible data will accelerate the adoption of verified lower methane emissions gas."

Georgia Natural Gas Customers Offset 250M Pounds of Carbon Emissions Through Greener Life® Program

Retrieved on: 
Tuesday, May 23, 2023

ATLANTA, May 23, 2023 /PRNewswire/ -- Georgia Natural Gas announced today that its Greener Life program, which helps customers make their natural gas use carbon neutral, offset 250 million pounds of carbon emissions from the atmosphere – more than double the company's record set last year.

Key Points: 
  • ATLANTA, May 23, 2023 /PRNewswire/ -- Georgia Natural Gas announced today that its Greener Life program, which helps customers make their natural gas use carbon neutral, offset 250 million pounds of carbon emissions from the atmosphere – more than double the company's record set last year.
  • "Our partnership with Georgia Natural Gas and the Greener Life for Business program provides us the opportunity to manage our carbon footprint and continue our mission of environmental stewardship."
  • When customers sign up for Greener Life, Georgia Natural Gas offsets the emissions from the customer's natural gas use, making it carbon neutral.
  • Georgia Natural Gas makes it easy and affordable for customers to make their natural gas use carbon neutral by taking care of purchasing and retiring carbon offsets on their behalf for a small monthly fee.

EPA’s crackdown on power plant emissions is a big first step – but without strong certification, it will be hard to ensure captured carbon stays put

Retrieved on: 
Tuesday, May 16, 2023

That raises an important question: Once carbon dioxide is captured and stored, how do we ensure it stays put?

Key Points: 
  • That raises an important question: Once carbon dioxide is captured and stored, how do we ensure it stays put?
  • Power plants that burn fossil fuels, such as coal and natural gas, release a lot of carbon dioxide.
  • We work on carbon capture and storage technologies and policies as a scientist and an engineer.

EPA’s proposed carbon crackdown

    • The proposed new power plant rules, announced by the Environmental Protection Agency on May 11, 2023, are based on performance standards for carbon dioxide releases.
    • Power plant owners could meet the proposed standards in any number of ways, including by shutting down fossil fuel-powered plants and replacing them with renewable energy such as solar or wind.

How CCS works for power plants

    • At most storage sites, CO₂ is injected into underground reservoirs, typically in porous rocks more than 3,300 feet (1,000 meters) below the surface.
    • Geologists look for sites with multiple layers of protection, including impermeable rock layers above the reservoir that can prevent gas from leaking out.
    • In some sites, CO₂ chemically reacts with minerals and is eventually immobilized as a solid carbonate.
    • But as more CCS projects are built – helped by some generous tax credits in the 2022 Inflation Reduction Act – costs are likely to drop.

How to effectively certify carbon storage

    • However, the current monitoring techniques don’t measure the amount of carbon stored, and the rules do not require that leaked carbon be replaced.
    • We envision liability for the captured carbon dioxide shifting from the power plant owner to the storage site operator once the carbon dioxide is transferred.
    • Under the framework, a certificate authority would vet storage operators and issue certificates of carbon sequestration for stored carbon.
    • Certification can be useful for carbon stored in any quantifiable storage reservoir, including trees, oceans and human infrastructure such as cement.

Biden's strategy for cutting carbon emissions from electricity generation could extend the lives of fossil fuel power plants

Retrieved on: 
Friday, May 12, 2023

On May 11, 2023, the Biden administration proposed new regulations to curb carbon pollution from existing power plants.

Key Points: 
  • On May 11, 2023, the Biden administration proposed new regulations to curb carbon pollution from existing power plants.
  • The new rules replace the Obama administration’s Clean Power Plan, which was proposed in 2015 but ran into multiple legal challenges and never took effect.
  • Nonetheless, in a high-profile 2022 ruling, West Virginia v. EPA, the U.S. Supreme Court found that the Obama administration’s approach exceeded the Environmental Protection Agency’s authority to regulate power plant carbon pollution under the Clean Air Act.

1. How has the Biden administration tailored these regulations in response to the West Virginia v. EPA ruling?

    • The scent of West Virginia v. EPA is all over the new proposed rules.
    • The new proposed regulations attempt to thread the needle between meeting the Biden administration’s climate commitments and avoiding another gutting in court.
    • The EPA proposes to use CCS to reduce emissions from large coal plants with long life expectancies.

2. Do the draft rules indicate that EPA is responding to energy industry critiques of the Clean Power Plan?

    • The proposal takes a tiered and staggered approach to which power plants will be regulated, how stringently, and by when.
    • First, the EPA goes out of its way to accommodate coal plants that are already scheduled to close or anticipate shutting down in the next couple of decades.
    • Second, the rule’s reliance on carbon capture and storage, in my view, ought to be music to fossil fuel companies’ ears.

3. Do you see legal vulnerabilities in the proposed new rules?

    • CCS is an emerging technology that’s not yet widely used, in part because it is so expensive.
    • Rather, they will be required to reduce their emissions to a level that could be achieved using CCS.
    • This is not a topic that the EPA wants to revisit with the Supreme Court.

4. How do these regulations conform with Biden’s focus on environmental justice?

    • And they disproportionately harm the health of nearby low-income communities and communities of color.
    • Carbon capture and storage doesn’t reduce these pollutants at any significant scale, nor does it prevent public health, environmental and cultural damage caused by fossil fuel extraction projects.

McDermott's John F. Finston Appointed Executive Deputy Superintendent of the Insurance Division at the New York State Department of Financial Services

Retrieved on: 
Tuesday, September 20, 2022

NEW YORK, Sept. 20, 2022 /PRNewswire/ -- International law firm McDermott Will & Emery is pleased to share John F. Finston has been appointed Executive Deputy Superintendent at the New York State Department of Financial Services (DFS).

Key Points: 
  • NEW YORK, Sept. 20, 2022 /PRNewswire/ -- International law firm McDermott Will & Emery is pleased to share John F. Finston has been appointed Executive Deputy Superintendent at the New York State Department of Financial Services (DFS).
  • "We are delighted for John and congratulate him on this tremendous accomplishment as he moves into his new role," said Ira Coleman, McDermott's Chair.
  • "John's years of leadership in a variety of roles in the insurance industry, both in the private and public sector, will greatly benefit the insurance industry in New York.
  • He previously served as General Counsel and Deputy Insurance Commissioner for the State of California from 2015-2017.

National Grid Statement on United States Supreme Court's West Virginia v. EPA Ruling

Retrieved on: 
Thursday, June 30, 2022

 WALTHAM, Mass. , June 30, 2022 /PRNewswire/ -- The Environmental Protection Agency (EPA) has a fundamental role in addressing climate change through its authority to regulate greenhouse gas emissions. National Grid has long been supportive of the agency's ability to provide consistent control on emissions nationwide, offering certainty for business and industry as we build toward a clean energy future. While we disagree with the court's decision on this matter, National Grid will continue to play a central role in reducing greenhouse gas emissions and working with our partners at the local, state, and federal level to usher in a clean energy future for our customers and communities.

Key Points: 
  • A statement from National Grid, US
    WALTHAM, Mass., June 30, 2022 /PRNewswire/ -- The Environmental Protection Agency (EPA) has a fundamental role in addressing climate change through its authority to regulate greenhouse gas emissions.
  • National Grid has long been supportive of the agency's ability to provide consistent control on emissions nationwide, offering certainty for business and industry as we build toward a clean energy future.
  • National Grid is focused on building a path to a more affordable, reliable clean energy future through our fossil-free vision .
  • National Grid is transforming our electricity and natural gas networks with smarter, cleaner, and more resilient energy solutions to meet the goal of reducing greenhouse gas emissions.

NCLA Amicus Brief Explains Why OSHA’s Employer Vaccine Mandate Violates Nondelegation Doctrine

Retrieved on: 
Tuesday, November 9, 2021

Today, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in BST Holdings, LLC, et al.

Key Points: 
  • Today, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an amicus brief in BST Holdings, LLC, et al.
  • in the U.S. Court of Appeals for the Fifth Circuit, challenging the mandate.
  • OSHAs ETS is expected to force 84 million employees nationwideover half the U.S. workforceto either take a novel vaccine against an infectious disease, navigate weekly costly testing, or forfeit their jobs.
  • Congress would first have to explicitly and specifically authorize OSHA to issue such a mandate, but it has not.