Monthly Archives: May 2014

Colorado Ruling Upholds Renewable Energy Standard but Leaves Questions Unanswered

On May 9, 2014, a Colorado federal judge dismissed a suit challenging the constitutionality of Colorado’s Renewable Energy Standard (“RES”). Colorado’s RES was created by the passage of Amendment 37 in 2004 and codified in 2005 as Colorado Revised Statute § 40-2-124, requiring certain Colorado electric utilities to procure a specific percentage of its retail… Read More »

EPA Issues Final Rule on Cooling Water Intakes at Existing Facilities

On May 19, EPA issued a final rule implementing Section 316(b) of the Clean Water Act (“CWA”) governing the location, design, construction, and capacity of cooling water intake structures (“CWIS”) at existing power generating and manufacturing facilities. This rule serves to protect fish and other organisms from impingement and entrainment in CWIS and covers approximately… Read More »

Methane Emissions from Oil and Natural Gas Production and Use – How Accurate are the Estimates?

During a recent Environmental Law Institute teleconference, the climate change director of the US EPA’s air office cautioned that a better understanding is needed before drawing any conclusions from the top down or atmospheric sampling that was done to determine the level of methane emissions from the oil and gas industries. 

Northern Long-Eared Bat Update

Since the October 2, 2013 proposed listing of the Northern Long Eared Bat (NLEB) as endangered or threatened, over thirty-seven thousand comments, letters of concern and support have been filed with the agency. (78 Fed. Reg. 61046).  The USFWS has determined that the NLEB is in danger of extinction, predominantly due to the threat of… Read More »

President Obama’s Methane Reduction Strategy

On March 28, 2014, President Obama released his methane reduction strategy (MRS) as the next step in the administration’s efforts to fight climate change, following through on the broad based “Climate Action Plan” outlined by the president during a speech in June 2013.  While carbon dioxide remains the principal greenhouse gas of concern (EPA estimates… Read More »

Sue And Settle: Court Rules Consent Decree Not Consistent with Public Interest December 19, 2014 Deadline for Proposing Coal Ash Rules Should Not Be Subject to Delay by the Parties

Authored by:    Kathy Beckett and Kathy Milenkovski The United States District Court for the District of Columbia recently rejected a proposed settlement agreement in litigation between several environmental groups and the EPA over EPA’s review of a proposed rule to classify coal ash as a hazardous waste.  According to the judge, the proposed settlement agreement… Read More »