Jackson Kelly PLLC

Coal Update

Recent Developments

Sierra Club Moves Efforts to Rescind WV and KY State NPDES Programs to Fourth and Sixth Circuits

The Sierra Club and its local partners previously petitioned EPA to withdraw its approval of the NPDES programs in at least Kentucky, Virginia and West Virginia, largely over alleged deficiencies by the state agencies in handling coal-related permits.  Earlier this year, when EPA did not formally respond to the petitions, the Sierra Club sued EPA in federal courts in Kentucky and West Virginia.  

In…

EPA’s Mercury and Air Toxics Standards (MATS) in Limbo After Supreme Court Decision

On Monday, in an opinion written by Justice Antonin Scalia, the U.S. Supreme Court ruled that the Environmental Protection Agency “strayed far beyond [the] bounds” of reasonableness by not considering costs in its decision to regulate emissions of hazardous air pollutants from fossil fuel-fired power plants. The case, Michigan vs. EPA, was decided 5-4, with Justices Scalia, Roberts, Kennedy,…

 

© 2021 Jackson Kelly PLLC. All Rights Reserved.