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| Utility Air Regulatory Group | |
|---|---|
| Name | Utility Air Regulatory Group |
| Founded | 1970s |
| Type | Trade association |
| Headquarters | Washington, D.C. |
| Region served | United States |
| Focus | Air quality regulation, environmental policy, utility regulation |
Utility Air Regulatory Group
The Utility Air Regulatory Group is a trade association representing major utility companies and related energy firms in regulatory proceedings. It engages with agencies such as the Environmental Protection Agency and collaborates or contests stakeholders including state public utility commissions, environmental NGOs, and industry coalitions. The group frequently appears in rulemakings, litigation, and legislative advocacy involving standards under statutes like the Clean Air Act and interacts with federal courts such as the United States Supreme Court and the United States Court of Appeals for the District of Columbia Circuit.
Formed in the late 20th century amid shifting environmental law landscapes, the organization emerged as utilities faced Clean Air Act amendments and regulation from the Environmental Protection Agency. In the 1990s and 2000s, it responded to regulatory developments tied to acid rain controls, mercury regulation, and ozone standards, coordinating filings alongside participants such as American Electric Power, Duke Energy, Pacific Gas and Electric Company, and Southern Company. The group's involvement expanded during debates over national ambient air quality standards and greenhouse gas rules, intersecting with actions by entities including the Department of Energy, Federal Energy Regulatory Commission, and state agencies like the California Air Resources Board.
The group's stated mission centers on representing member utilities in administrative proceedings, judicial appeals, and legislative consultations involving air quality and emissions regulation. Typical activities include filing comments with the Environmental Protection Agency, participating in technical workshops with the National Academy of Sciences, submitting amicus briefs to the United States Supreme Court and circuit courts, and engaging with Congressional committees such as the United States Senate Committee on Environment and Public Works and the United States House Committee on Energy and Commerce. It also coordinates with trade associations like the Edison Electric Institute, American Public Power Association, National Rural Electric Cooperative Association, and consults with consulting firms and think tanks including the Electric Power Research Institute.
Membership generally comprises investor-owned utilities, independent power producers, and public power entities such as Consolidated Edison, Exelon, NextEra Energy, NV Energy, and municipal systems represented by organizations such as the American Public Power Association. The structure typically includes an executive committee, technical working groups, and legal counsel panels with participants drawn from corporate legal departments and external firms often appearing before the D.C. Circuit and district courts. The group maintains liaisons with state regulators including commissioners from the New York Public Service Commission and the Massachusetts Department of Environmental Protection, as well as with corporate compliance offices and operations divisions.
Historically, the organization has advocated for regulatory approaches emphasizing flexible compliance mechanisms, cost-benefit analysis, and recognition of reliability concerns cited by grid operators such as the North American Electric Reliability Corporation and regional transmission organizations like PJM Interconnection. Positions have included support for market-based programs, emissions trading, and extended timelines for technology deployment, aligning at times with policy proposals from industry associations like the Chamber of Commerce and opposing certain provisions in rules proposed by the Environmental Protection Agency and actions by the Department of Justice when tied to enforcement. The group has intervened in proceedings involving new source review interpretations, hazardous air pollutant controls, and greenhouse gas permitting under the Clean Air Act.
The organization has played roles in high-profile litigation and regulatory disputes, filing briefs or coordinating challenges in cases before the United States Court of Appeals for the District of Columbia Circuit, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court. Controversies have centered on interpretations of New Source Review, Mercury and Air Toxics Standards, and the Clean Power Plan, intersecting with plaintiffs and defendants including Environmental Defense Fund, Sierra Club, Natural Resources Defense Council, and state attorneys general from entities such as the State of New York and the State of Texas. Critics including Public Citizen and academics from institutions like Yale Law School and Harvard Law School have scrutinized the group's influence and its testimony before Congressional hearings.
Funding is primarily from member dues and assessments from participating utilities including corporate members such as American Electric Power, Duke Energy, Dominion Energy, and Entergy. The group contracts with law firms and consultants with ties to firms previously representing clients before federal agencies and courts, and coordinates with national trade groups such as the Edison Electric Institute and the American Gas Association. Financial interactions and revolving-door concerns have drawn attention from watchdogs including Common Cause and reporting by media outlets such as The New York Times, Washington Post, and Bloomberg News.
Category:Energy industry organizations