The Nickel Report

In a series of orders this week, the US Court of Appeals for the DC Circuit granted motions by EPA to pause cases challenging several Obama-era regulatory actions while the new administration reviews those rules. With those cases on hold, the dispute over the fate of those rules will move out of the courts and into the administrative process.

On April 14, 2017, the Department of Energy (DOE) quietly issued an emergency order under Federal Power Act (FPA) § 202(c) to keep open a power plant slated for shutdown under the Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standards (MATS). While DOE has issued FPA § 202(c) emergency orders in the past, this marks the first time that DOE has used such authority to address electric reliability concerns arising from MATS implementation. In doing so, DOE effectively inaugurated the so-called Reliability Safety Valve that was heavily discussed during MATS’ consideration nearly six years ago.