On January 9, 2012, the federal district court for the District of Columbia found that the Environmental Protection Agency (“EPA”) was arbitrary and capricious in staying the boiler Maximum Achievable Control Technology (“MACT”) rule.  EPA originally bound itself in a consent decree to promulgate the rule under an aggressive schedule and asked the court for a fourteen month extension following criticism of its boiler MACT Notice of Proposed Rulemaking.  [Read more →]

On December 7, 2011, the Federal Energy Regulatory Commission (“FERC or the “Commission”) issued an order directing the Bonneville Power Administration (“Bonneville”) to file revisions to its Open Access Transmission Tariff (“OATT”) to provide for transmission service on terms and conditions that are comparable to those under which Bonneville provides service to itself and that are not unduly discriminatory or preferential. [Read more →]

On Friday, December 2, 2011, the Environmental Protection Agency (”EPA”) released its third attempt at a Maximum Achievable Control Technology (“MACT”) standard for industrial boilers and process heaters under the Clean Air Act.  EPA’s latest proposal is a reconsideration of the final rule that was adopted in February and published March 21, 2011, which EPA promised to revise the same day it was released.  [Read more →]

On November 29 and 30, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) held a Commissioner-led Technical Conference on electric reliability issues.  Of note, the Commission devoted an entire day of the conference to the impact of the EPA’s regulations on electric reliability.  [Read more →]