Last week, EPA issued guidance to its Regional Administrators that addresses some of the questions raised by the decision in Utility Air Regulatory Group v. United States Environmental Protection Agency,
Continue Reading Permitting Implications of UARG Decision
Michael Cooke
Board Certified in State & Federal Government and Administrative Practice, Michael G. Cooke concentrates his practice in administrative law, including environmental, utility, and land use law. He represents industrial, agricultural, banking, government, and developer clients on matters involving clean air, climate change, electric generating facilities, renewable energy, telecommunications, utility plant and transmission line siting, water, and wastewater issues and permitting and zoning matters.
From 2003 to 2006, Michael was the Director of the Division of Air Resource Management for the Florida Department of Environmental Protection. In this position, he managed the air quality program for the State of Florida, interacting with federal and local agencies and over-seeing permitting and enforcement matters and the development of state air regulations. Michael also served as General Counsel for the Florida Public Service Commission in Tallahassee from 2006 through 2008. His responsibilities at the Public Service Commission included conduct of rate cases, rulemaking, enforcement proceedings, and decision-making involved with policy issues regarding nuclear facility site cost recovery and renewable energy.
Michael has represented clients in connection with numerous environmental regulatory matters, particularly in air permitting and compliance issues. He has represented electric utilities, manufacturing, and agricultural entities in connection with various Title V and New Source Review matters. He is well versed in CERCLA, RCRA, TSCA, water, and solid waste matters.
The U.S. Supreme Court Releases Decision in Utility Air Regulatory Group v. EPA — EPA’s Greenhouse Gas Permitting Authority is Limited
In a split decision, the U. S. Supreme Court ruled on Monday June 23rd that the U.S. Environmental Protection Agency (“EPA”) does not have authority under the federal…
Continue Reading The U.S. Supreme Court Releases Decision in Utility Air Regulatory Group v. EPA — EPA’s Greenhouse Gas Permitting Authority is Limited
EPA Releases its Proposed Rule to Cut Carbon Emissions at Existing Power Plants
On June 2, 2014, the U.S. Environmental Protection Agency (“EPA”) published a draft rule that is intended to cut carbon emissions from existing power plants. EPA hopes to accomplish this…
Continue Reading EPA Releases its Proposed Rule to Cut Carbon Emissions at Existing Power Plants
EPA Releases Cooling Water Intake Rule
The U.S. Environmental Protection Agency finalized standards today that are designed to protect fish and other aquatic life drawn each year into cooling water systems at large power plants and factories. The rule addresses impingement issues and heat damages that can be caused by cooling water intake structures at large industrial facilities and power plants.
The final rule establishes requirements under the Clean Water Act for all existing power generating facilities and existing manufacturing and industrial facilities that withdraw more than 2 million gallons per day of water from waters of the U.S. and use at least 25 percent of the water they withdraw exclusively for cooling purposes. The rule covers roughly 1,065 existing facilities –521 factories and 544 power plants.Continue Reading EPA Releases Cooling Water Intake Rule
U.S. Supreme Court To Consider Challenge to EPA’s Greenhouse Gas Decisions
Today the U.S. Supreme Court has granted six of the nine petitions for certiorari that had been filed by parties seeking review of E.P.A.’s greenhouse gas (“GHG”) decisions issued in…
Continue Reading U.S. Supreme Court To Consider Challenge to EPA’s Greenhouse Gas Decisions
EPA Proposes NSPS for Power Plants
On Sept. 20, 2013, the Environmental Protection Agency issued a new proposal for carbon pollution from new power plants. EPA is proposing to set separate standards for natural gas-fired turbines and coal-fired units. The proposed limits for new coal-fired power plants are based on the assumption that carbon capture and sequestration (“CCS”) can be applied to the source.
EPA has indicated that it expects the proposed rule to become final toward the end of 2014. Once the NSPS for new power plants has been set, section 111 of the Clean Air Act requires EPA to set limits or guidelines for existing sources using a process similar to the state implementation plan process. EPA has announced plans to conduct public meetings to initiate a process to develop such limits under section 111 of the Clean Air Act.Continue Reading EPA Proposes NSPS for Power Plants
U.S. Court of Appeals Affirms EPA’s Greenhouse Gas Regulations: Is a NAAQS in the Offing?
Michael Cooke has prepared a more in-depth analysis of Coalition for Responsible Regulation, Inc. v. EPA, the D.C. Circuit’s June 26 opinion upholding EPA’s greenhouse gas emission regulations.
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Continue Reading U.S. Court of Appeals Affirms EPA’s Greenhouse Gas Regulations: Is a NAAQS in the Offing?