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FERC’s Role in Utility MACT Implementation

June 13, 2012

On May 17, 2012, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement explaining how it will advise the EPA on requests by generators for EPA to extend the deadline for compliance with EPA’s mercury emission standards for utilities.

EPA Updates CAA Requirements for Gas Stations

June 13, 2012

The EPA has determined that the systems used at gas station pumps to capture harmful gasoline vapors while refueling cars can be phased out. Modern vehicles are equipped to capture those emissions.

Judge Dismisses Climate Case Brought by Children’s Groups

June 13, 2012

On June 1, a judge in the U.S District Court for the District of Columbia dismissed a lawsuit in which two environmental groups and five California teenagers sued the federal government requesting action on climate change via the government’s Public Trust authority.

FERC Reaffirms Rule to Encourage More Transmission Lines

June 12, 2012

The Federal Energy Regulatory Commission has upheld its landmark rule aimed at reforming transmission planning and allocating the costs of new projects to their beneficiaries. The regulators rejected dozens of requests for reconsideration of the rule known as Order 1000.

EPA Incorporates CSAPR into the Regional Haze Rule

June 12, 2012

On May 30, the EPA issued a final rule as part of its regional haze program that will allow a number of states to use the emissions trading program under the Cross-State Air Pollution Rule (CSAPR) to reduce regional haze as an alternative to requiring best available retrofit technology (BART) for power plants.

Designating the 2011 Pagami Creek Wildfire an Exceptional Event

June 11, 2012

The DNR is currently accepting public comments on a report designating the air quality impacts from the 2011 Pagami Creek wildfire as an exceptional event.

EPA Accepting Additional Comments on New Data Related to Cooling Water Intake Structures

June 11, 2012

The EPA has issued a notice of data availability (NODA) as a step toward a final rule governing cooling water intake structures for thermal power plants.

Coal Under Attack

June 6, 2012

The New York Times traveled to Kentucky to report on the difficulties the coal industry is facing even in coal-rich states. The article focuses on federal regulatory burdens and the shift toward natural gas. The story suggests “coal is in a corner.”

Cook Elected to State Bar Environmental Law Section Board

June 5, 2012

Please join us in congratulating the Foundation’s own Andrew Cook, who was elected to the board of directors of the State Bar of Wisconsin’s Environmental Law Section!

Cook, and the other newly elected members of the board, Margaret Hoefer, Chris Jaekels, and Matt Moroney, will serve terms beginning on July 1, 2012 and ending on June 30, 2015.

Stormwater Discharges From Logging Roads

June 5, 2012

The EPA has announced that it intends to revise its stormwater regulations to specify that a National Pollutant Discharge Elimination System (NPDES) permit is not required for stormwater discharge from logging roads. The EPA’s action is the result of the Ninth Circuit’s decision in Northwest Environmental Defense Center v. Brown, 640 F.3d 1063 (9th Cir. 2011), for which a petition for certiorari is pending in the United States Supreme Court.