Earlier this week, commencing what will likely be a lengthy appeal process, a number of environmental organizations filed challenges in federal court to the U.S. Environmental Protection Agency's final regulations governing the use of cooling water at existing power plants and industrial facilities.
On September 2, the following organizations filed petitions with three federal appellate courts, seeking judicial review of the EPA's Final Rule under Section 316(b) of the Clean Water Act:
It is anticipated there will also be appeals of EPA's Final Rule on behalf of industry.
Section 316(b) requires that the location, design, construction, and capacity of Cooling Water Intake Structures ("CWISs") reflect the best technology available ("BTA") for minimizing adverse environmental impacts. EPA has said the Final Rule will affect approximately 1,065 existing facilities, including 544 electric generators and 509 manufacturers.
EPA's Final Rule applies to existing facilities that withdraw more than 2 million gallons per day of water from the waters of the United States and that use at least 25 percent of this water exclusively for equipment cooling purposes. The Final Rule's requirements are in response to the potential adverse environmental impacts - impingement and entrainment - associated with the use of CWISs at existing facilities.
The EPA announced the Final Rule in May 2014. (A Day Pitney Alert on May 21, 2014, summarized the key provisions of the Final Rule.) The Final Rule was published in the Federal Register on August 14, 2014, and is effective, absent a stay of the Final Rule, on October 14. It is available here.
Joseph Fagan will be the moderator of a panel discussion during the Northeast Energy and Commerce Association's Annual Conference on Natural Gas and Fuels on September 27 in Marlborough, Mass.
Florence Davis and Dave Doot authored an article titled "The Future of Distributed Energy in New York" for the Energy Law Report.
Day Pitney Alert
Jamie Blackburn moderated the panel "EBA Energizer: Distributed Generation Resources in the DC/Maryland/Virginia Region," which discussed the current state of distributed generation resource integration in the Metro-DC area.
Day Pitney was pleased to be a Premier Sponsor of the Seventh Annual New England Women in Energy and the Environment (NEWIEE) Gala, which took place on April 6, at the Boston Park Plaza.
Joseph Fagan was quoted in an article, "Skeptical Courts May Undermine Trump's Energy Project Push," published in Law360.
Day Pitney Press Release
David Doot was quoted in an article, Worries Abound As FERC Quorum Shortfall Hits 3-Month Mark, published in Law360.
Joseph Fagan was quoted in an article, "1st Circ. Bolsters State Powers In Gas Pipeline Reviews," published in Law360.
Joseph Fagan was quoted in an article, "LNG projects could face new scrutiny if US invokes 'protect the public' clause," published in S&P Global Market Intelligence.