Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 27, 2015
The Firm
201-896-4100 info@sh-law.comIt is estimated that power plants account for nearly 40 percent of carbon dioxide emissions in the United States which is more than every car, truck, and plane in the U.S. combined. Although the final rule reflect the more than 4.3 million public comments received by the EPA, President Obama’s landmark environmental initiative still faces steep resistance from state governments, the energy industry and wider business community. Under the authority of Clean Air Act (CAA), the EPA rules establish interim and final carbon dioxide (CO2) emission performance rates for two subcategories of fossil fuel-fired electric generating units (EGUs) — fossil fuel-fired electric steam generating units and natural gas-fired combined cycle generating units. Specifically, the Clean Power Plan aims to reduce national electricity sector emissions by an estimated 32 percent below 2005 levels by 2030.
The rules also provide for the development, submittal and implementation of state plans that implement the CO2 emission performance rates, either directly by means of source-specific emission standards or other requirements, or through measures that achieve equivalent CO2 reductions from the same group of EGUs. Finally, the rules aim to increase renewable energy sources by 28 percent by 2030.
Now that the rules are final, the Clean Power Plan is likely to face legal challenges. A coalition of energy companies and 15 states sought to block the rule while it was still in draft form, arguing that the CAA does not allow the EPA to regulate a pollutant at a plant that is already subject to emissions rules. The ambiguity regarding “double regulating” arose due to conflicting House and Senate amendments to the statute that were not reconciled prior to enactment in 1990.
In June, the U.S. Supreme Court struck down an EPA rule regulating the emissions of mercury and other chemicals from electric power plants in Michigan v. EPA. By a vote of 5-4, the Court held that the EPA interpreted CAA amendments unreasonably when it deemed cost irrelevant to the decision to regulate power plants. The agency must now rewrite the rule while considering the costs of compliance.
While critics of the EPA’s Clean Power Plan contend that the EPA has overstepped its authority and that the new rules will increase energy prices, the plan could have an upside for companies that are seeking to become more “green.” Under the Clean Energy Incentive Program, the EPA will provide financial incentives for early investments in renewable energy (RE) generation and demand-side energy efficiency (EE) measures that generate carbon-free MWh or reduce end-use energy demand during 2020 and/or 2021.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!