Energy & Telecommunications

Climate Strategy

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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Eighteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Eighteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2020 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

Press Coverage

Officer-involved Shootings Video - Maine Behind the Curve on Public Access to Information

More than three months after officers were involved in a fatal shooting of a Minot, Maine, resident, the Androscoggin County Sheriff's Office and the Office of the Attorney General continue to deny requests to...

Publication

Maine Legislative Alert: Lodging reservations may begin immediately for June 1st stays

Some good news was announced during today’s daily COVID-19 daily briefing regarding Maine’s lodging establishments. Commissioner Heather Johnson announced that, effective immediately, Maine lodging facilities can begin accepting future reservations for stays beginning June...

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Preti Flaherty Attorney William Saturley Named Among America’s Top 100 “Bet-the-Company Litigators” for 2020

Preti Flaherty is proud to announce that attorney William Saturley has been selected for inclusion on the list of America’s Top 100 “Bet-the-Company Litigators” for 2020. America’s Top 100 recognizes the most qualified and...

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Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...

Press Coverage

As More States Release COVID-19 Cases by Town, Maine Says It Could Take 6 Months

As more states continue to release information on the number and distribution of coronavirus cases, officials from Maine's public health agency claim that making tallies available to the public under the state's Freedom of...

Publication

Owner's Guide to Mitigating COVID-19 Risks in the AIA A201-2017 General Conditions

While the AIA A201-2017 is generally a well-understood contract, COVID-19 presents new logistical and economic risks that can leave owners at risk unless edits are made. This guide focuses on changes to the AIA...

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Preti Flaherty Attorney Tim Bryant Selected by Franchise Times as “Legal Eagle”

For the twelfth year in a row, Preti Flaherty attorney Tim Bryant has been recognized as a Franchise Times magazine “Legal Eagle.” Nominated by their peers, franchise attorneys chosen for this honor are considered among...

Press Coverage

Maine drops residency requirement for recreational marijuana businesses

Since Mainers voted to pass the Maine Marijuana Legalization Act in 2016, lawmakers have been wrestling with how to regulate sales. Last week, recreational marijuana businesses in Maine cleared a major hurdle to operation...

Publication

COVID-19 and Contractual Non-Performance

Managing Risk on Existing Projects In contractual relationships extreme events may occur through no fault of the impacted party, temporarily inhibiting or completely preventing performance. During this pandemic, the inability of businesses to provide...