April 2010

Last week, Senator Voinovich drew attention and criticism for proposing a significant expansion of the preemption language in the forthcoming bi-partisan climate bill to be introduced by Senators Kerry, Lieberman and Graham.  Failure to carefully consider the preemption language and possible additional limits on other regulatory authority would be short-sighted. 

One of the main reasons for Congress

On March 31st, a Federal District Court in Tennessee (6th Circuit) issued the latest decision in relation to litigation stemming from New Source Review (NSR) enforcement actions against electric coal fired utilities.  The TVA Bull Run decision is another example of the inconsistent application of the test for determining when projects trigger NSR.

The NSR regulatory program continues to