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.
Day Pitney Alert
Day Pitney will host a FERC 101 event, co-sponsored by Connecticut Power & Energy Society and EBA, on November 13 in its Hartford and Washington, DC offices.
On November 13, Day Pitney LLP and FH+H, PLLC, along with PDB FutureCom International, hosted an invitation-only program, "Industrial Internet of Things (IIoT) & America's Critical Energy & Transportation Infrastructure," held at the new International Spy Museum in Washington, D.C.
Sebastian Lombardi will serve on a panel, "State Policies and the Markets: How the tension is playing out in PJM," at the Northeast Energy and Commerce Association's Power Markets Conference on November 8, at the Marriott Courtyard Hotel in Marlborough, MA.
Day Pitney White Paper
Day Pitney associate Alexander W. Judd has been elected to serve as Chair of the Energy, Public Utility and Communications Law Section of the Connecticut Bar Association (CBA).
Day Pitney Press Release
Day Pitney Press Release
Day Pitney and the National Governors Association (NGA) hosted an invitation-only forum, held at the Downtown Harvard Club of Boston, that brought together lawyers, policymakers, cybersecurity experts and other participants to identify and discuss legal issues related to the growing Industrial Internet of Things (IIoT).
David Doot was quoted in an article, "Energy Department Urges Pricing Shift That Could Bolster Coal, Nuclear," published in the The Wall Street Journal.