In The News

• September 4, 2012
  CSAPR: What Will EPA Do Now?
  Power Engineering
  Jane E. Montgomery
  Schiff Hardin partner Jane Montgomery is quoted in a recent Power Engineeringarticle about the U.S. Court of Appeals for the D.C. Circuit's ruling that the U.S. Environmental Protection Agency (EPA) violated the Clean Air Act with its Cross State Air Pollution Rule (CSAPR). In a 2-1 decision, a panel of judges determined that the rule, which aims to restrict emissions from power plants in 28 states, usurped states' responsibilities by issuing a Federal Implementation Plan (FIP). Montgomery notes that if the court denies a rehearing, the EPA could appeal the decision to the Supreme Court, but it's more likely that the EPA will instead develop a new SIP (State Implementation Plan) to adapt to each state.
• August 24, 2012
  'NRDC Attorney: Cross-State Ruling a Prime Candidate for Reversal'
  SNL Daily Coal Report / SNL Power Daily with Market Report
  Kathleen C. Bassi
  

  Identical articles in these companion publications quote Schiff Hardin Environmental Group attorney Kathleen C. Bassi responding to controversy over whether a federal court’s decision to strike down USEPA's Cross-State Air Pollution Rule (CSAPR) will withstand appeals. In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit ruled that CSAPR, a rule establishing a cap-and-trade program for states to cut power plant pollution, required emissions reductions in excess of what the law required and failed to give proper deference to states in setting the limits. Ms. Bassi commented that while she thought a further appeal would be heard, the FIP-first portion of the opinion is strong and that the court's majority opinion will stand.

• July 25, 2012
  'New coal plant developers taking hard line against EPA over air toxics rule'
  SNL Energy
  Jane E. Montgomery
  Schiff Hardin partner Jane Montgomery is quoted extensively in this article about the U.S. EPA's Mercury and Air Toxics Standards, and possible legal action over the rules by power industry groups against the EPA. Ms. Montgomery, who practices in the firm's Environmental Group, points out that power plant developers prefer certainty, and, in their opinions, that certainty will be best achieved by allowing the court case and EPA reconsideration to proceed simultaneously.
• June 15, 2012
  'EPA Proposes Limitations on PM2.5 Emissions'
  Power Engineering
  Jane E. Montgomery
  Schiff Hardin partner Jane Montgomery is quoted in this article about proposed revisions to the EPA's national air quality standards known as PM2.5. Ms. Montgomery, a lawyer in the firm's Environmental Group, comments that the tighter small particle standard will have health benefits but, because of the requirements of many other new air emission rules, will require few additional controls for most power generators.
• March 28, 2012
  'EPA Power Plant Rules Sharpen Debate Over Commercial Viability of Carbon Capture'
  Bloomberg BNA Daily Environment Report
  Jane E. Montgomery
  Schiff Hardin partner Jane Montgomery, who practices in the firm's Environmental Group, is quoted in this article about the commercial viability of carbon capture and sequestration technology. The technology, which many coal-fired power plants may have to use to comply with federal law, could represent too much of a drain on large generators' energy use, says Ms. Montgomery.
• January 9, 2012
  'Court ruling on CSAPR possible this summer, though interpretation of stay varies in industry'
  Platts Electric Utility Week
  Kathleen C. Bassi
  This article about federal court challenges to the EPA's Cross State Air Pollution Rule quotes Schiff Hardin of counsel Kathleen Bassi. Ms. Bassi, who practices in the firm’s Energy and Public Utilities and Environmental Groups, remarks on the District of Columbia Circuit Court's stay of the rule and aggressive hearing schedule.
• December 21, 2011
  'EPA Releases Finalized Utility MACT'
  Power Engineering
  Jane E. Montgomery
  Schiff Hardin Environmental Group partner Jane E. Montgomery was quoted in this article covering the U.S. Environmental Protection Agency's (EPA) release of its finalized Mercury and Air Toxics Standards, pursuant to the EPA's mandate to limit mercury emissions from coal-fired units. The rule will also curtail a number of hazardous air pollutants, including lead, arsenic, hydrogen chloride, hydrogen fluoride and dioxins/furans. Schiff Hardin has been representing clients in matters relating to coal-fired units for more than 30 years, and we currently have substantial relationships with numerous energy companies involved in such power generation nationwide.
• December 12, 2011
  'Consent decrees as the way to gain time for mercury compliance get mixed verdicts'
  Platts Electric Utility Week
  Kathleen C. Bassi
  Kathleen Bassi, of counsel in Schiff Hardin's Environmental Group, is extensively quoted in this article on the use of consent decrees by electric utilities. Ms. Bassi notes that the legally binding agreements are potentially useful in buying time to bring power plants into compliance with new limits on mercury and other air pollutants.