Category Archives: Coal

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The State of Coal Ash Regulation and Implications for the Commonwealth

By Jillian Kirn on Posted in Coal, Coal Ash, Environment, Featured, Litigation
Two recent developments, the finalization of Part B of the coal combustion residuals, or CCR, rule and the finalization of the 2020 Steam Electric Reconsideration Rule have triggered conversation about, and litigation over, the path forward for long-term management of CCR in the United States. Click here to access the full article, “The State of … Continue Reading

DOJ’s Attack on ‘Supplemental Environmental Projects’ Extends to Citizen Plaintiffs

By Caleb Holmes on Posted in Coal, Environment, Environmental Justice, Policy, Politics, Pollution, State & Local
The Department of Justice, in the last year, has altered its guidance related to supplemental environmental projects (SEPs), first prohibiting their use in settlements with state and local governments, then extending that prohibition to settlements with private parties. The Department of Justice is now targeting settlements that include similar projects agreed to by two private … Continue Reading

Is the Clock Ticking on Coal Ash?: Key Deadlines and Takeaways from EPA’s Recent CCR Rule Revisions

By Libretta Stennes, Christopher Bell and Jillian Kirn on Posted in Coal, Coal Ash, Energy, EPA, Waste
On November 4, 2019, the U.S. Environmental Protection Agency (the “EPA”) proposed to amend the 2015 coal combustion residuals (“CCR”) rule. The proposal is part of a multi-step effort by EPA to address CCR, including a second proposal announced on the same day addressing effluent guidelines coal-fired power plants. The EPA has already drawn sharp … Continue Reading

Overview of Coal Ash Disposal, Regulation and Beneficial Use

By Jillian Kirn on Posted in Articles, Coal, Energy, Pennsylvania, Regulatory
According to the U.S. Energy Information Administration, the commonwealth of Pennsylvania is the largest generator of coal ash in the United States. Pennsylvania is home to roughly 100 coal ash disposal facilities, three of which have been classified as “high hazard” by the U.S. Environmental Protection Agency (EPA). Throughout the country, numerous electric generating facilities … Continue Reading

Good News for States and Surface Coal Mine Operators in Recent Department of Interior Announcement

By Paul M. Seby on Posted in Coal, Mining
On April 13, the Acting Director of the U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement (OSMRE) announced that OSMRE will be reinitiating formal programmatic consultation with the U.S. Fish & Wildlife Service, pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) and 50 CFR § 402.16, with respect to OSMRE’s … Continue Reading

President Trump Signs Resolutions Eliminating Regulatory Requirements

By Bernadette M. Rappold and Sonali Dohale on Posted in Coal, Federal, Mining, Oil & Gas
Last week, President Donald J. Trump signed two congressional resolutions overturning rules that impact the energy extraction and mining industries. On Tuesday, February 14, President Trump signed a resolution eliminating a June 2016 SEC rule that required companies engaged in the commercial development of oil, natural gas, or minerals to disclose payments, including taxes, royalties … Continue Reading
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