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.
On October 30, Alexander Judd will be moderating a panel, "Financing Renewable Energy Projects in New England," at the Future of Energy: What's the Deal?, the 20th Annual Connecticut Power and Energy Society (CPES) Conference and Exposition.
On October 25, Alexander Judd and Paul Belval presented a webcast, "Developing and Financing Wind Energy Projects: Protecting Your Rights Through Contract Provisions," in partnership with Celesq Attorneys Ed Center and West LegalEd Center.
On October 7, Steven Cash spoke at "Cybersecurity: Tension Between Innovation and Security," an event presented by the Connecticut Power and Energy Society (CPES) and held at Yale University in New Haven, CT.
Day Pitney Alert
Paul Belval will be co-presenting a webinar, "Developing and Financing Wind Energy Projects: Contract Provisions, Protecting Developer and Landowner Interests," for Strafford.
Day Pitney Press Release
Firm Ranked Tier 1 Nationally for Energy Law and Trusts and Estates Law
Josh Cohen, chair of Day Pitney's Bankruptcy and Restructuring practice group was quoted extensively in an article, "FERC Rebuke Won't Be Last Word In PG&E Power Deals Fight," published by Law360.
David Doot, Steven Cash and James Blackburn, IV authored an article, "Risk and Opportunity with the Industrial Internet of Things," which was published in the July-August 2019 issue of The Journal of Robotics, Artificial Intelligence & Law.
Day Pitney Press Release
Partners Josh Cohen and Dave Doot were quoted in an analysis article, "PG&E's Ch. 11 Brings Rift With FERC Over Power Deals," published by Law360.