July 13, 2020

Volume X, Number 195

July 10, 2020

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EPA (Environmental Protection Agency) Extends Comment Deadline for Proposed Rule to Cap Carbon Emissions from New Power Plants

On March 6, a notice of extension of public comment period was published in the Federal Register for EPA’s proposed rule to regulate greenhouse gas (GHG) emissions from new power plants.  The comment deadline for the proposed rule will be extended for 60 days until May 9, 2014. 

As we previously reported, the comment period initially was only 60 days (comments had been due March 10, 2014). On Jan. 15, 2014, EPA received a bi-partisan letter from 71 members of Congress seeking this 60-day extension, given the potential impacts of the proposed rule not only on power plants, but also on energy-intensive manufacturers and homeowners who pay electricity bills. 

In addition to extending the time for comment on the proposed rule, the comment period extension will provide additional time to respond to EPA’s Feb. 26, 2014, notice of data availability in requesting comments on EPA’s arguments about what data the agency is allowed to consider in making its determination that carbon capture and sequestration (CCS) is the “best system of emission reduction” that is “adequately demonstrated,” as required by the Clean Air Act. In making that determination, EPA relied on data from three power plants that received federal assistance. The Energy Policy Act of 2005 limits the use of data from federally- subsidized facilities when setting standards.  EPA is arguing that this limitation only prohibits “sole” reliance on data from subsidized projects.

On Jan. 15, 2014, the State of Nebraska filed suit in the District Court for the District of Columbia seeking withdrawal of the proposed rule on the grounds that it violates the Energy Policy Act, and an injunction against EPA to bar the agency from using data from federally-subsidized projects to identify the “best system of emission reduction” that is “adequately demonstrated.” 

A copy of the notice extending the comment deadline is available here: http://www2.epa.gov/sites/production/files/2014-02/documents/commentexte...

A copy of the notice of data availability is available here: http://www.gpo.gov/fdsys/pkg/FR-2014-02-26/pdf/2014-03115.pdf

© 2020 BARNES & THORNBURG LLPNational Law Review, Volume IV, Number 71


About this Author

Joel Bowers Environmental Attorney

Environmental lawyer Joel Bowers is dedicated to finding creative solutions to even the most difficult enforcement proceedings and complex deals. Joel is experienced in transforming technical analysis into practical legal counsel that takes into account big-picture client objectives.

Joel focuses his practice on environmental compliance and enforcement, including air quality and chemical regulation. He advises on remediation, corrective action and voluntary cleanups, as well as cost recovery defense.

In addition, Joel advises on environmental diligence for commercial and real...

Charles Denton Environmental Attorney

Charlie Denton represents an array of clients in environmental and toxic tort litigation, enforcement defense, regulatory compliance solutions and pollution insurance coverage disputes. He also serves as an alternative dispute resolution (ADR) neutral mediator and arbitrator. Persistent and highly collaborative, Charlie can take complicated issues and challenges and then identify a strategic path to achieve the client’s objectives.

Charlie’s representation of industrial, municipal, institutional, educational and individual clients includes judicial and administrative environmental proceedings at the federal, state and local levels. He also represents policyholders involved in environmental coverage claim disputes and litigation with millions of dollars in the balance.

In addition, Charlie assists clients with managing environmental risks in commercial transactions, mergers, acquisitions and divestitures, as well as ISO 14000 environmental management systems. He advises on lender liability issues and environmental audits to assess potential facility contamination and regulatory compliance for the acquisition and financing of real estate, as well as waste management and remedial actions, environmental permits enforcement, and defense of citizens’ suits.

Charlie serves as a zealous advocate for his clients, focusing on their specific strategic goals and finding solutions that solve their immediate and long-term challenges. Charlie makes a point of understanding his clients’ core objectives from the onset of representation to keep their environmental matter in perspective.

Charlie serves as a federal court arbitrator/mediator/neutral evaluator, a state court facilitative mediator, and an arbitrator and mediator for private ADR proceedings. When serving as a neutral, Charlie remains personally dedicated to finding a balanced approach to dispute resolution that meets the needs and interests of the parties involved. Charlie is valued for his thoughtful understanding of the underlying business and legal issues that permeate every dispute, as well as for his calming approach to resolving the people challenges and emotional aspects that underlie most acrimony. An active listener, Charlie serves as a catalyst to working constructively with even the most disparate parties to achieve a reasonable outcome.

Charlie is actively involved with key industry, legal and environmental associations, often in leadership roles. He is the author and co-author of several publications highlighting environmental law topics, and gives frequent presentations for the American Bar Association, Michigan Chamber of Commerce, and State Bar Associations for Georgia, Michigan and Wisconsin

Michael Elam Environmental Energy Attorney

Veteran attorney Michael Elam brings more than three decades of experience in environmental, energy, infrastructure and natural resource law in both the private and public sectors. He structures creative agreements and helps secure approvals and financing for complex national and international agreements involving the development, remediation and financing of environmentally challenged or controversial projects surrounding energy and sensitive water bodies or sources.

Michael represents businesses and other clients in complex projects and transactions, disputes and litigation. He is...

Anthony C. Sullivan, Barnes Thornburg Law Firm, Indianapolis, Environmental and Litigation Law Attorney

Anthony (Tony) C. Sullivan, a partner in Barnes & Thornburg LLP’s Indianapolis office, concentrates on environmental law. His practice focuses primarily on air and water issues, but it also covers virtually all areas of environmental law, including solid waste issues, Superfund matters, underground storage tanks, and asbestos concerns.

Mr. Sullivan’s practice generally involves litigation, counseling, and negotiation. In addition to appearing before federal courts, state courts, and administrative courts on behalf of his clients, he has...