Andy Flavin

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Troutman Sanders associate Andy Flavin authored an article published in Law360 titled “Getting State Approvals for Energy Storage Siting.” In the article, Andy explains why energy storage developers should carefully assess whether their project requires approval from state siting regulators and the possible implications. He wrote:

States normally require utilities and other developers

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Yesterday, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit” or “the court”) vacated a federal district court’s order requiring EPA to account for the economic impacts of Clean Air Act (“CAA”) regulations.  This decision stems from a suit filed by coal companies claiming that EPA had failed to perform a non-discretionary duty by completing continuous evaluations of job losses and plant closures resulting from CAA implementation or enforcement as required under Section 321 of the CAA.  In a strongly worded opinion, the district court ordered EPA to come into compliance with the requirements of Section 321 by July 2017, an order that EPA subsequently appealed to the Fourth Circuit.
Continue Reading Fourth Circuit Nixes EPA Coal Jobs Review Requirement

In the Rose Garden of the White House, President Trump fulfilled a key campaign promise today by confirming that the United States will begin withdrawing from the Paris Climate Change Agreement (“Agreement”).  President Trump cited the Agreement’s potential financial and economic burdens as a key reason for the withdrawal.
Continue Reading U.S. to Withdraw from Paris Climate Deal

On April 24th, the U.S. Court of Appeals for the District of Columbia Circuit issued an order indefinitely delaying oral argument and holding in abeyance litigation over EPA’s 2015 Startup, Shutdown and Malfunction (SSM) Rule.  The order comes in response to EPA’s request for a continuance to allow it to review the SSM Rule for…

In a split decision, a California appellate panel recently affirmed a lower court’s decision upholding the state’s greenhouse gas cap-and-trade program.  Challengers, including the California Chamber of Commerce, the National Association of Manufacturers, and the Pacific Legal Foundation, argued that: (1) the California Air Resources Board (CARB) acted outside of its authority when it created a cap-and-trade program that included an auction of emission allowances, and (2) the revenue generated from the auction sales constitutes an impermissible tax.  California’s Proposition 13 requires taxes to be approved by a two-thirds vote of each house of the legislature.
Continue Reading Split California Appeals Court Upholds State Greenhouse Gas Cap-and-Trade Program

In an April 18th letter to petitioners who requested reconsideration of EPA’s Oil and Natural Gas Sector: Emission Standards for New, Reconstructed and Modified Sources Rule, EPA Administrator Scott Pruitt announced the agency’s intent to convene a proceeding for reconsideration of the rule’s fugitive emissions monitoring requirements.  In its current form, the rule imposes…

On April 18th, EPA filed motions in separate cases asking the D.C. Circuit Court of Appeals to delay pending litigation over two Clean Air Act (CAA) rules.  In one case, EPA asked the court to delay oral argument, scheduled for May 18th, in the litigation challenging its supplemental findings regarding the cost of the Mercury and Air Toxics Standards (MATS) Rule, which regulates hazardous air pollutant emissions from coal- and oil-fired power plants.  EPA argues that a continuance is appropriate because it intends to review the supplemental finding for possible modification or repeal, citing President Trump’s recent “Executive Order on Promoting Energy Independence and Economic Growth.”
Continue Reading EPA Seeks Delays in Pending Air Rules Litigation

The EPA published a notice in the April 13th Federal Register requesting public comments on regulations that may be appropriate for repeal, replacement, or modification.  This request follows President Trump’s February 24th Executive Order that, among other things, requires federal agencies to establish a Regulatory Reform Task Force (“Task Force”) to make recommendations targeting specific federal regulations for elimination or modification.  Task Forces must seek input from entities affected by federal regulations, including businesses, consumers, non-governmental organizations and trade associations.  EPA’s Task Force is requesting comments on regulations that eliminate jobs or stifle their creation, impose costs that exceed benefits, implement Executive Orders or other Presidential directives that have been rescinded or modified, or are otherwise ineffective or outdated.  Comments will be accepted through May 15.
Continue Reading EPA Seeks Comments on Job-Killing, Costly Regulations

The Environmental Protection Agency (EPA) recently initiated actions in response to multiple Executive Orders issued by President Trump directing major regulatory reforms.  In a staff memo intended to facilitate compliance with the “Enforcing the Regulatory Reform Agenda” Executive Order, EPA Administrator Scott Pruitt designated a Regulatory Reform Officer and established a Regulatory Reform Task Force to evaluate existing regulations and make recommendations regarding those that can be repealed, replaced or modified to reduce the burdens on the regulated community.  Administrator Pruitt further directed the Offices of Air and Radiation, Land and Emergency Management, Chemical Safety and Pollution Prevention, Water, Environmental Information, Congressional and Intergovernmental Relations and Small and Disadvantaged Business Utilization to provide the Task Force with recommendations for specific rules that should be targeted.  Each of these offices must hold a dedicated public meeting and provide their recommendations by May 15th.
Continue Reading EPA Begins to Move on Executive Orders