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

Press Coverage

Should workers wary of COVID-19 vaccines be forced to take one for the team?

As COVID-19 vaccinations become more readily available, should employers be legally allowed to mandate vaccination for all employees? Maine employers are wrestling with the choice of whether or not to mandate employees be vaccinated...

Event

The Crisis of the She-cession and What Employers Can Do to Address It

Preti Flaherty is proud to partner with our friends at KMA Human Resources Consulting for their Lunch and Legal Conversations webinar series, moderated by Rhoda McVeigh, Director of Consulting Services at KMA. Each program...

Event

The Future of Work: Assessing the Long-Term Impacts of COVID in the Workplace

Preti Flaherty is proud to partner with our friends at KMA Human Resources Consulting for their Lunch and Legal Conversations webinar series, moderated by Rhoda McVeigh, Director of Consulting Services at KMA. Each program...

Press Coverage

A Maine Legislature changed by the pandemic could challenge lobbyists in 2021

The 2021 Maine legislative session will present a number of unprecedented challenges for lobbyists. Since the coronavirus pandemic began, the State House has been closed to everyone but essential workers, and most meetings, committee votes, and public...

Publication

New Eviction Restrictions for Portland, Maine

On November 3, 2020, voters in Portland approved an amendment to the Code of Ordinances which will implement rent control and tenant protections.  The new Sec. 6-236 of the Code of Ordinances extends the...

News

Preti Flaherty Partnership Announces Promotion of Moppin, Rideout, White to Partner

Preti Flaherty is pleased to announce that the firm’s partnership has named three new partners: Sara N. Moppin, Laura A. Rideout, and Emily T. White.  Each attorney stands out as a distinguished practitioner within...

Publication

Governor Janet Mills Releases Maine Supplemental and Biennial Budgets

Governor Mills released both the Supplemental and the Biennial Budgets today. The Revenue Forecasting Committee has estimated a $650 million revenue shortfall in 2021 – 2023 combined. In his presentation to the Appropriations Committee...

Publication

Maine Workers' Comp Alert: WCB Revises Fee Schedule

The Maine Workers' Compensation Board has completed the annual update of its Medical Fee Schedule. Appendix II (professional fees) and Appendix IV (outpatient facility fees) have been updated in accordance with Title 39-A M.R.S.A...

News

Attorney Bodie B. Colwell Elected IWIRC Management Committee Vice Director of Social Media

Preti Flaherty is proud to announce that attorney Bodie B. Colwell has been elected to the Management Committee of the International Women's Insolvency & Restructuring Confederation (IWIRC), where, effective January 1, 2021, she will serve...

News

2021 Maine Diversity Summer Associate Program Expands to Include Additional Law Firms and Corporate Partners

Following a highly successful inaugural year, the three founding law firms of the Maine D1L Diversity Summer Associate program and the University of Maine School of Law welcome all of the new participating law...