Publications
June 2, 2014

Environmental Alert: EPA Announces Proposed Rule Aimed at Significantly Reducing Carbon Emissions

The U.S. Environmental Protection Agency announced today its Clean Power Plan proposed rule to reduce carbon emissions from the nation's power plants by 30 percent below 2005 levels by 2030. Acting under Section 111(d) of the Clean Air Act, EPA's proposal would impose a federal carbon emissions rate (stated in pounds of carbon emitted per megawatt-hour of electric energy generated) for each state. EPA would set each state's limit based on a case-by-case evaluation of each state's portfolio of generation resources and EPA's evaluation of its opportunities to reduce carbon emissions. However, states will have the flexibility to determine how to meet the set limits. States will be free, on their own or in collaboration with other states, to design a program to achieve those rates in a way that makes the most sense for their unique situation. Each state's solution could combine diverse fuels, energy efficiency, and demand-side management.

This proposal is a key element of President Obama's Climate Action Plan, aimed at curbing emissions from the power sector which, according to the EPA, is responsible for 40 percent of the United States' carbon dioxide emissions. Further, it will reduce pollutants such as soot and lead by approximately 25 percent. In announcing the Climate Action Plan, EPA Administrator Gina McCarthy discussed how emissions limits are critical for improving human health (1 in 10 children in the United States currently suffer from asthma) and to address risks posed by global climate change. McCarthy outlined that not only will rising temperatures cause more smog, asthma, and longer allergy seasons, but extreme weather events will impact economic productivity, raise insurance premiums, and threaten jobs.

The rule is now out for public comment through the summer, with EPA projecting a final rule by June 2015. However, given that this proposed rule directly impacts the nation's coal industry, legal challenges will likely be quickly mounted by coal companies and other power generators opposed to this climate-oriented regulation.

For more information regarding how EPA's Clean Power Plan may impact your industry, please contact Anthony Buxton, David Van Slyke, or Todd Griset in Preti Flaherty's Climate Strategy, Energy, and Environmental groups, at 791-3000.

Firm Highlights

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Sigmund Schutz to moderate panel at 36th Annual Media and the Law Seminar: Under Attack! Existential Threats to Journalism and Free Speech

From unlawful searches and seizures of newsrooms and highly contentious litigation to physical harassment and calls for violence online, journalists and news organizations are under attack like never before. At the 36 th Annual...

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Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...

News

Benchmark Litigation Names Preti Flaherty 2024 “Maine Firm of the Year"

Benchmark Litigation has named Preti Flaherty as 2024 Litigation Firm of the Year in the State of Maine. Through extensive peer- and- client reviewed research, as well as analysis of casework; the Benchmark Awards...

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Legal Foundations Lunch and Learn Series: Understanding Indemnity Clauses

Our Legal Foundations Lunch and Learn Series features monthly 30-minute webinars that provide in-depth insights into recent updates, industry trends, and key issues impacting the construction industry. Preti Flaherty attorneys Kenneth Rubinstein and Nicholas...

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USCIS Announces H-1B Registration Period for FY2025: New “Beneficiary Centric” Registration Process and Increased Fees

USCIS has recently announced a series of changes that will impact the FY2025 H-1B registration system and cap filing season. H-1B Registration Period and Organizational Accounts As in prior years, under this process, prospective petitioners...

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Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

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Attorney Jeffrey Thaler Named to 2024 Lawdragon Green 500: Leaders in Energy Law

Preti Flaherty’s attorney Jeffrey Thaler has been recognized by  Lawdragon  as one of the top 500 Leaders in Energy Law. This is Jeff’s third time named to this prestigious list since the first publication...

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Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...

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Helping Employers Navigate the New Independent Contractor Rule and Compliance Challenges

On March 11 th , the United States Department of Labor’s (DOL) new Independent Contractor Rule goes into effect.  As your organization readies itself for compliance, it’s imperative to scrutinize your independent contractor classifications...

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Hire Education: Best Practices for Onboarding New Employees

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...