Posts from — February 2009

Today, the U.S. Court of Appeals for the District of Columbia Circuit overturned a decision by the Federal Energy Regulatory Commission (“FERC” or “Commission”) regarding a rate increase mandated by the Commission that resulted from the California energy crisis. [Read more →]

The White House on Thursday released a budget including revenues based on an assumption that a cap-and-trade program limiting greenhouse gas (“GHG”) emissions will be in place by 2012. According to the budget document, the assumed cap-and-trade program has emission targets requiring GHG emission reductions of 14 percent below 2005 levels by 2020 and 83 percent below 2005 levels by 2050. [Read more →]

On Tuesday, the U.S. Court of Appeals for the District of Columbia Circuit reversed EPA’s 2006 revision to the National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter on the ground that the standard may not be sufficiently stringent. Commonly referred to as PM-2.5 (particulate matter that is less than or equal to 2.5 microns in diameter), PM-2.5 results from the emission of nitrogen oxides and sulfur dioxide, which are chemically transformed in the atmosphere into microscopic nitrate and sulfate particles. [Read more →]

On February 20, 2009, the American Public Power Association (“APPA”) issued a report entitled APPA’s Competitive Market Plan: A Roadmap for Reforming Wholesale Electricity Markets (“Market Plan”). The Market Plan proposes reforms for RTO markets that it says would provide better competition and consumer protection within Regional Transmission Organizations (“RTOs”) while maintaining reliability. [Read more →]

On February 17, the Nuclear Regulatory Commission (“NRC”) adopted a final rule requiring applicants for new nuclear plants to assess the design of their reactor to avoid or mitigate the effects of a large commercial airplane crash. [Read more →]