As the coal industry faces a number of regulatory and market challenges, companies are faced with threats and opportunities in Washington, D.C. Coal has been a key component of America's energy portfolio for decades, but in recent years, U.S. policy has changed dramatically as far as the permitting, mining, burning and storage of coal and its byproducts.  Low natural gas prices, concerns about pollution, a robust regulatory agenda and other factors are changing the way that this country views coal, and that has resulted in much debate. 

The U.S. Environmental Protection Agency (EPA) is playing a very active role when it comes to regulating the coal industry. The agency finalized a rule to reduce drastically the emissions of mercury and other air pollutants from coal-fired power plants. It also proposed a regulation limiting the emissions of greenhouse gases from new coal-fired power plants. The EPA has also struggled with issues surrounding cross-state air pollution, with the courts striking down regulations in 2006 and 2012.

The Department of Interior (DOI) and Department of Labor (DOL) provide additional examples of key policies affecting the coal industry and eliciting strong responses from Congress. DOI's Office of Surface Mining is rewriting its Stream Buffer Zone Rule, which regulates mining in proximity to streams. The Office of Surface Mining is considering changes to the regulation that could affect the mining of coal under or near a stream. Meanwhile, the DOL's Mine Safety Health Administration has spent more than two years working on a controversial proposal to address permissible levels of ‘"mine dust" in underground mines. The myriad of regulatory proposals from the various agencies have fostered a tremendous amount of concern in Congress.   

FaegreBD Consulting's energy and environment practice has extensive experience with the coal industry, the applicable statutes and the regulatory environment. Our strength lies in our vast knowledge of energy and environmental laws, as well as our industry-wide network from our team's experience working in both chambers of Congress, the committees of jurisdiction and the relevant Departments. 

Recent examples of our experience include:

• Developing a comprehensive federal affairs strategy
• Representing clients before industry groups and trade associations
• Managing coalitions that included media relations and grasstops advocacy
• Drafting Congressional testimony and regulatory comments
• Representing clients before several federal agencies on regulatory proposals that impact their industry
• Interpreting the business impacts of federal regulations and legislation
• Advocating before every one of the relevant House and Senate committees with jurisdiction over relevant issues