Regulatory: Considering energy regulations—Coal
A recent EPA decision will have an important impact on the future use of our baseline fuel.
January 04, 2012 at 06:19 AM
4 minute read
The original version of this story was published on Law.com
Consideration of energy regulation must begin with coal—the baseline fuel for the American economy.
Coal accounts for 45 percent of the electricity generated in the U.S., and coal-fired plants are the nation's single largest source of air pollution. While local opposition to siting new plants is a perennial concern, the major controversies over coal as an energy source involve air pollution regulations intended to reduce the adverse health effects of toxic chemicals in smokestack emissions and, increasingly, to limit carbon dioxide emissions. Disputes over air pollution rules for coal-fired electricity plants have dominated the battles between Congress and the Obama Administration over regulatory policy.
On Dec. 21, the Environmental Protection Agency (EPA) issued the most expensive air pollution regulation in its history—the Utility Maximum Achievable Control Technology Rule, which took two decades to develop. This rule will require coal-fired plants to make major reductions in mercury, acid gases and sulfur dioxide emissions within four years.
Combined with the Cross-State Air Pollution Rule (CSPAR) that the EPA issued in July 2011, the rule will require major modifications in the country's electricity generation infrastructure. It marks the final reversal of a policy decision Congress made in 1976, in the aftermath of the first Arab oil embargo, that older and dirtier coal plants would not be compelled to close, but could continue to operate as the economy ratcheted down its use of oil.
The Utility MACT rule is designed as an action-forcing device that will induce owners to close many older coal plants that lack modern pollution controls because the cost of retrofitting those plants, especially smaller facilities, will exceed the costs of obtaining replacement power from natural gas-fired plants. Cost comparisons by Clear View Energy Partners suggest that 17.4 gigawatts of coal-fired capacity will be retired as a result of the rule. The economic consequences of the rule are quite significant, as are the projected health benefits. The EPA estimates that the rule will cost power companies $9.6 billion per year and increase electricity rates by 3.1 percent.
The Utility MACT rule is a seminal act in EPA's efforts to reduce air pollution from electric plants. The technology required to accomplish the reductions in emissions of the toxic gas emissions covered by this rule also will substantially reduce emissions of other pollutants regulated under existing rules (e.g., sulfur dioxide), so that there will be less pollution for EPA to eliminate when it considers rule revisions. The next generation of power plant rules are likely to focus more directly on reduction in Greenhouse Gas emissions as well as on adverse health effects.
The EPA's calculation of the benefits and costs of the Utility MACT rule are highly controversial, and the rule will be challenged in court. Further, the electric utility industry has substantial concerns that the rule will undermine the reliability of the country's electricity distribution network. The short, four-year transition period provided by the EPA may not afford utilities enough time to plan, obtain necessary licenses and permits, and construct a gas-fired plant to replace a coal plant that must clean up or die by December 2015.
The Utility MACT rule illustrates how U.S. energy policy is made. Policy is not determined directly and comprehensively. It emerges as a by-product of decentralized efforts to solve other problems. The EPA is a specialized agency dedicated to fighting pollution, and has neither the authority, the expertise, nor the resources to determine the optimum mix of fuels for the country. Yet the EPA's decision will have an important impact on the future use of our baseline fuel, and thereby trigger relative price changes and substitution of other fuels for coal throughout the economy.
The next column will analyze regulation of the principal fuel used for transportation—oil.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCrypto Groups Sue IRS Over Decentralized Finance Reporting Rule
SEC Penalizes Wells Fargo, LPL Financial $900,000 Each for Inaccurate Trading Data
US Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
Pre-Internet High Court Ruling Hobbling Efforts to Keep Tech Giants from Using Below-Cost Pricing to Bury Rivals
6 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250