A federal judge rejected EPA’s effort to block a former official from testifying on behalf of a coal company that is suing the agency. The agency argued that Jeff Holmstead, a former EPA air pollution expert who left the agency in 2005, would have a conflict of interest because of his former position.

“That dog won’t hunt,” Judge John Preston Baily said of EPA’s argument. He also dismissed as “ridiculous” EPA’s claim that Holmstead was unqualified to testify as an expert witness.

Holmstead, who now works for law firm Bracewell, is an expert witness for Murray Energy. The company has sued EPA, alleging it has not accounted for or studied coal industry job losses resulting from its air pollution regulations, as required under the Clean Air Act.

More: The Hill

Senate to Consider Coal Cleanup Bill

Four senators introduced a bill that would require coal companies to prove they have the resources to clean up mining areas after they close. Coal companies have been able to simply declare they can afford cleanup costs, without any financial assurance, a process called “self-bonding.”

The recent spate of coal company bankruptcies has called into question the ability of distressed coal producers to handle the cleanup costs.

“We need to make sure the taxpayer isn’t on the hook for cleanup work by bankrupt coal companies anymore,” Sen. Maria Cantwell (D-Wash.) said in a statement. “Self-bonding clearly isn’t working, and we need to stop this dicey practice from continuing.”

More: The Hill

Green Groups ask FERC for PennEast Pipeline Hearing

A group of environmental organizations is asking FERC to hold an evidentiary hearing on the need for the PennEast pipeline that would deliver natural gas from Pennsylvania mostly to New Jersey utilities.

“FERC must have substantial evidence of significant public benefit to approve PennEast’s application, but the company’s existing record fails to meet that test,” said a senior attorney with the Eastern Environmental Law Center. The center charges in a complaint that PennEast used the fact that six owners of the pipeline have contracted for about 75% of the proposed pipeline’s capacity as evidence of public need.

The New Jersey Sierra Club, however, didn’t join in the suit, saying the tactic would be unsuccessful. “What we’re more concerned about is that FERC and PennEast fix any defects they have in their applications and filings,” said Jeff Tittel, Sierra Club director.

More: Mercer Me

DOE Issues $82 Million in Nuclear Research Grants

The Department of Energy has identified 93 projects in 28 states that will receive $82 million in grants to advance nuclear energy research.

“Nuclear power is our nation’s largest source of low-carbon electricity and is a vital component in our efforts to both provide affordable and reliable electricity and to combat climate change,” Energy Secretary Ernest Moniz said. “These awards will help scientists and engineers as they continue to innovate with advanced nuclear technologies.”

More: Department of Energy

NRC Names New Director of Office of Investigation

The Nuclear Regulatory Commission named Kimberly A. Howell as director of its Office of Investigation.

Howell, who has 20 years of federal law enforcement experience, was deputy assistant inspector general for investigations in the Office of Personnel Management. Before that, she held investigative positions with the Food and Drug Administration, the Secret Service and the Postal Service.

NRC’s investigation office creates new policies, procedures and standards for investigating licensees, contractors, vendors and other third-party organizations.

More: DailyEnergyInsider

EPA Moves Ahead with CPP Incentives Despite Stay

Despite a stay issued by the U.S. Supreme Court, EPA said it would go forward with a plan that issues incentives for states that comply with implementation of the Clean Power Plan.

“Taking these steps will help cut carbon pollution by encouraging investment in renewable energy and energy efficiency,” EPA’s Janet McCabe said. The Clean Energy Incentive Program gives states compliance credits for pushing forward renewable and efficiency projects.

The Supreme Court suspended enforcement of the Clean Power Plan until an appeal by states could be settled. “EPA is attempting to downplay the significance of the stay and argue against clear legal precedence as a last-ditch effort to scare states into spending scarce resources complying with a rule that could very well be overturned,” said Sen. James Inhofe (R-Okla.), chairman of the Environment and Public Works Committee.

More: The Hill

EIA Report: CPP Will Push Development of Renewables

An Energy Information Administration report concludes that EPA’s Clean Power Plan would accelerate the development of renewable energy at an annual rate of nearly 5%.

“California sees strong growth in renewable generation by 2030 as a result of the state renewable targets,” the EIA said. “Similarly, the Northwest region is expected to increase renewables generation as well. The Northeast shows an increase in both natural gas and renewables generation by 2030, and a small decline in nuclear generation due to planned retirements.”

EIA’s estimates were based upon the assumption the plan would be implemented. The plan is currently on hold as a result of a Supreme Court stay.

More: Morning Consult

Entergy’s Indian Point Unit 2 Back Online After Repairs

Entergy’s Indian Point Unit 2 nuclear plant went back into service late Thursday after a refueling outage, inspection and repairs. The repairs included replacement of 278 bolts and plates that were discovered damaged during an inspection.

A group of environmental organizations filed an unsuccessful emergency petition with the D.C. Circuit Court of Appeals to prevent Entergy from bringing the plant back online. Friends of the Earth and other groups said Entergy hasn’t provided a root cause analysis of the bolt degradation issue.

The Nuclear Regulatory Commission said there are no safety concerns. Entergy will conduct a separate bolt inspection at Unit 3 early next year.

More: Entergy; Friends of the Earth

Court Upholds Blocking Minn. Clean Energy Law

A federal appeals court upheld a ruling that Minnesota’s 2007 clean energy law illegally regulated out-of-state utilities by requiring state power producers who import electricity to reduce greenhouse gas emissions elsewhere.

The ruling by the 8th U.S. Circuit Court of Appeals was a victory for North Dakota and its utility and coal interests, which argued that the Minnesota law unconstitutionally hampered their ability to sell electricity from coal-fired power plants and to build new coal generators. The law, known as the Next Generation Energy Act, restricted electricity imports from power plants that increase greenhouse gases, unless they reduce those emissions.

The court’s decision does not affect the law’s requirement that Minnesota utilities get 25 to 30% of their electricity from renewable sources such as wind and solar.

More: Star Tribune