Shapiro, Lifschitz & Schram

“I have confidence that my guys are at least as good as the opposing counsel – always!”

Skip Kriss – Executive Vice President, The Richmond Corporation

EPA SAYS CARBON-EMISSION RULE UNLIKELY TO IMPACT POWER PLANT CONSTRUCTION

It’s clear – the U.S. Environmental Protection Agency (EPA) has targeted the power-generation industry for greater oversight.  The EPA announced a proposed new rule capping carbon emissions from fossil-fuel-fired electricity generating units.  The rule, the Carbon Pollution Standard for New Power Plants (CPSNPP), limits carbon-dioxide (CO2) emissions to 1,000lbs per megawatt-hour over a 30-year averaging period.

The rule will apply to fossil-fuel-fired boilers, integrated gasification combined-cycle units, and stationary combined-cycle turbines.  Two important caveats, however, exist.  First, the CPSNPP will only apply to plants constructed more than one year after the EPA publishes the final version of the rule in the Federal Register.  Second, power plants using carbon capture and storage (CCS) technology can exceed the 1,000-pounds-of-CO2 average for the first ten years of operation while fine-tuning its CSS system.

The EPA concluded that the CPSNPP won’t increase costs to the industry, impact electricity prices, or spur additional construction.  Per its review of current industry investment patterns, the EPA believes that owners must construct new plants per the CPSNPP standard regardless of EPA’s proposed rule.

Notably, CPSNPP does not set standards for reconstructed electricity generation units.  But the EPA has indicated a keen interest in examining the question of standards for reconstructed units and has invited comments for how to address this topic.

EPA is now taking comments on the proposed rule.

Click here to read the proposed rule in its entirety.

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?