Shapiro, Lifschitz & Schram

“They are real genuine practitioners – they don’t hand it over.”

Evans Barba – President and CEO, Barba Consulting

COURT'S RULING MAY DELAY POWER INDUSTRY CONSTRUCTION

Earlier this year, we reported on the $9.6 billion in new construction likely to stem from industry compliance with the EPA’s new regulations governing power plant emissions.   Those regulations, the Mercury and Air Toxics Standards (MATS) and the Cross-State Air Pollution Rule (CSAPR), were estimated to create nearly 50,000 jobs over the next five years.   However, a decision by the United States Court of Appeal for the District of Columbia Circuit is likely to delay some of that new construction.

In the case of EME Homer City Generation, L.P. v. EPA, Case No 11-1302, the D.C. Circuit approved industry and State challenges to the EPA’s authority to issue the CSAPR regulation.  In a 2-1 opinion, the Court ruled that the EPA exceeded its authority under the Clean Air Act to regulate the emissions of upwind states, under which EPA held upwind states to pollution standards greater than those permissible under law.  Also, the Court held that EPA violated its own policies by imposing federal plans on states without first giving individual states the chance to implement their own plans for compliance with air quality regulations.  The result was that the Court struck down the entirety of CSAPR.

The invalidation of CSAPR is likely to only delay the construction of new air scrubbers and other facilities to ensure compliance with clear air benchmarks.  In its opinion, the Court opened the door for the EPA to enact a “valid replacement” for the overturned law.  While EPA works on that replacement, the Clean Air Interstate Rule (CAIR), which had been previously rejected by the D.C. Circuit, has been allowed to remain in effect in order to “temporarily preserve [] environmental values.”

Did You Know . . .

Members of the SLS trial group have tried in excess of 50 jury trials and 75 bench trials?

The SLS construction group has worked on sports stadiums across the country including Orioles Park in Baltimore and Paul Brown Stadium in Cincinnati?

The SLS construction group has worked on power plant projects across the country?

In 2007 SLS was selected for an Honorable Mention as one of the Best Places To Work in Washington DC?

Ron Shapiro, Steve Schram and Judd Lifschitz have all been selected as SuperLawyers by Law and Politics?

The SLS office building is an historic townhouse constructed in the late 1800s?

SLS has been selected by Martindale-Hubbell as a Preeminent Law Firm?

SLS trial lawyers have argued appeals in the U.S. Circuit Courts of Appeal for the 4th, 5th, 9th, D.C. and Federal Circuit?

SLS trial lawyers have been lead trial counsel in cases in Arizona, California, District of Columbia, Florida, Louisiana, Maryland, New Jersey, New York, North Carolina, Oregon, Texas, and Virginia, - to name just a few?

Virtually all the cases that SLS trial lawyers mediated have been favorably settled at mediation?

The transactional group at SLS was lead counsel on one of the largest, most complex mixed-use projects in downtown Washington, DC involving 4 lenders and 6 property owners?

In appreciation for the outstanding efforts of each of its employees during 2007, SLS gave everyone (attorneys, paralegals, and staff) a 4 day/3 night expense paid trip to Key West, Florida?

The transactional group at SLS has represented tenants in more than 200 retail leases in the Mid-Atlantic region?

Every attorney in the transactional group at SLS has at least 15 years experience?

The transactional group at SLS has represented developers in the purchase, construction, financing and/or sale of more than 75 multi-family apartment projects?

The transactional group at SLS has represented real estate investors and developers with respect to property in Pennsylvania, West Virginia, Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Texas, Tennessee, Michigan and the U.S. Virginia Islands?

Attorneys in the transactional group at SLS have represented eight national banks in commercial real estate loans?

Attorneys in the transactional group at SLS have represented the FDIC, the Resolution Trust Corporation and several banking institutions in loan workout transactions throughout the Mid-Atlantic region?

The transactional group at SLS has represented homebuilders and commercial real estate developers in work-outs of individual loans and also for work-outs of large portfolios involving dozens of properties in several states?

The trial lawyers of SLS have numerous reported decisions to their credit?