Peter practices in the energy and environmental law fields and is the chair of the firm's Climate Change Practice Team. He represents electric utility, mining and other energy industry companies and associations, as well as other businesses, on regulatory and commercial matters. He specializes in environmental regulation and litigation, particularly in the area of air quality and global climate change. He has participated in numerous EPA rulemakings and judicial appeals and in various state, federal, and local siting and permitting proceedings. Given his strong background, he has testified numerous times before Congress on climate change issues. Peter has also represented numerous coal producers and coal purchasers on a variety of commercial and contract matters, including litigated disputes, and his experience extends to proceedings before the STB and FERC.
Advocates for clients on air quality issues, particularly those affecting electric generation, mining and other energy-related activities, in state and federal judicial, regulatory and legislative venues.
Participates in various EPA and other federal and state rulemakings and judicial appeals affecting the environment and represents clients in environmental permitting and compliance matters.
Represents clients in state and federal energy facility siting and certificate of need proceedings.
Expert on greenhouse gas regulatory, litigation and legislative matters, including testimony before Congress on climate change issues.
Negotiated hundreds of coal and rail contracts and contract amendments, litigated coal contract disputes in federal and state court, litigated rail contract disputes in federal court and before the Surface Transportation Board, and served as party arbitrator in coal contract dispute.
Experience extends to electric regulatory and commercial matters.
Recent Selected Work:
Amicus Brief in Minnesota case challenging constitutionality of Minnesota GHG standards, September 19, 2013.
Brief in IBLA coal leasing case, June 3, 2013.
Supreme Court amicus brief in greenhouse gas case, April 19, 2013.
14 State amicus brief in 10th Circuit regional haze case, September 10, 2013.
Opening brief for Arizona in 9th Circuit regional haze case, August 5, 2013
Amicus brief in Utility Air Regulatory Group v. EPA, April 19, 2013.
Reply brief on behalf of appellant State of Arizona in National Parks Conservation Association v. EPA, 2013
Brief in White Stallion Energy Center, LLC v. EPA, July 27, 2012.
Testimony before House Committee on Oversight and Government Reform on "Rhetoric vs. Reality: Does President Obama Really Support an "All-of-the-Above" Energy Strategy?" May 31, 2012.
Amicus brief in EME HOMER CITY GENERATION, L.P. v. EPA, Feb 14, 2012
Response to Questions for the Record regarding Hearings on Climate Change: Examining the Processes Used to Create Science and Policy, April 20, 2011.
Testimony before House Committee on Science, Space, and Technology on Analytical and Process Flaws in EPA’s Greenhouse Gas Endangerment Finding, March 31, 2011.
Testimony before Subcommittee on Energy and Power of the House Energy and Commerce Committee on bill to foreclose EPA GHG regulation, February 9, 2011.
Merits amicus brief in AEP v. Connecticut climate change tort case, February 2011.
Merits amicus brief in AEP v. Connecticut climate change tort case, February 2011.
Amicus brief regarding consideration of GHG emissions in EIS, June 4, 2010.
Amicus brief in Comer v. Murphy Oil for American Farm Bureau Federation, et al., May 7, 2010.
Amicus brief in Comer v. Murphy Oil for industry groups, May 7, 2010.
Comments in opposition to petition to consider GHG emissions in coal leasing, February 16, 2010.
Petition for Reconsideration of EPA Endangerment Finding, February 11, 2010.
Comments on EPA tailoring rule, December 28, 2009.
Comments on EPA Johnson Memorandum Reconsideration, December 7, 2009.
Comments on EPA rule to regulate GHGs from motor vehicles, November 25, 2009.
Brief in coal company piercing corporate veil case, July 6, 2009.
Comments on Michigan PUC consideration of new coal-fired powerplant case, July 2, 2009.
Comments of American Farm Bureau et al on EPA Endangerment Finding, June 23, 2009.
Comments of Washington Legal Foundation on EPA Endangerment Finding, June 23, 2009.
Comments of Peabody Energy Company on EPA Endangerment Findings, June 23, 2009.
Comments of Republic Services on EPA GHG Reporting Rule, June 8, 2009.
Comments of Peabody Energy Company on EPA GHG Reporting Rule, June 8, 2009.
Exceptional Events Decision, March 20, 2009.
EPA Environmental Appeals Board in Deseret case, March 21, 2008.
Response to Questions of the Select Committee on Energy Independence and Global Warming, September 4, 2008.
Brief of industry intervenors to D.C. Circuit in Exceptional Events case, October 8, 2008.
Testimony of Peter Glaser on Strengths and Weaknesses of Regulating Greenhouse Gas Emissions under Existing Clean Air Act Authorities, Subcommittee on Energy and Air Quality of the House Committee on Energy and Commerce, April 10, 2008.
Testimony of Peter Glaser on the U.S. Environmental Protection Agency’s Response to the Supreme Court’s Decision in Massachusetts v. EPA, House Select Committee on Energy Independence and Global Warming, March 13, 2008.
Potential Regulation of Greenhouse Gas Emissions Under Title I of the Clean Air Act: An Evaluation of EPA’s Legal Analysis in Regulating Greenhouse Gas Emissions under the Clean Air Act, Advance Notice of Proposed Rulemaking, November 28, 2008.
Testimony of Peter Glaser and John Cline on EPA’s Approach to addressing Greenhouse Gases in the Wake of the Supreme Court’s Decision in Massachusetts v. EPA, House Committee on Oversight and Government Reform, November 8, 2007.
UMWA v. Brushy Creek Coal Company, 7th Circuit decision, October 18, 2007.
UMWA v. Brushy Creek Coal Company, 7th Circuit brief.
CAIR Industry-Intervenor brief, August 30, 2007.
Testimony of Peter Glaser on Potential GHG Regulation under the Clean Air Act, United States Senate Committee on Environment and Public Works, April 24, 2007.
Brief of Amicus Curiae Washington Legal Foundation in State of New Jersey v. EPA, No. 0501097 (D.C. Cir.) (Clean Air Mercury Rule litigation).
Brief of Amicus Curiae Washington Legal Foundation in Commonwealth of Massachusetts et. al. v. EPA, No. 05-1120 (U.S. Supreme Court), October 24, 2006.
Brief of Industry Petitioners in Utility Air Regulatory Group, et al., v. Environmental Protection Agency, et al. , No. 05-1353 (D.C. Cir.), April 14, 2006.
Order on Summary Judgment in United Mine Workers of America, et al., v. Brushy Creek Coal Co., et al., No. 04-CV-4249-JPG (Southern District of Illinois), April 11, 2006.
Order on Summary Judgment in United Mine Workers of America, et al., v. Brushy Creek Coal Co., et al., No. 04-CV-4249-JPG (Southern District of Illinois), January 18, 2006.
Brief of Xcel Energy in BNSF Railway Company v. Surface Transportation Board and United States of America, No. 05-1030 (D.C. Cir.), December 8, 2005.
Brief of Utility Defendants on Personal Jurisdiction Issues in State of Connecticut, et al. v. American Electric Power Company, Inc., et al., No. 04-CV-05669, and, Open Space Institute, Inc., et al. v. American Electric Power Company, Inc., et al., No. 04-CV-05670, (Southern District of New York), September 30, 2004.
Brief of Amicus Curiae Washington Legal Foundation in Commonwealth of Massachusetts, et al. v. Environmental Protection Agency, No. 03-1361 (D.C. Cir.), November 2, 2004.
Brief of Center for Energy and Economic Development in CEED v. Environmental Protection Agency, No. 03-1222 (D.C. Cir.), May 24, 2004.
Publications and Speaking Engagements
Peter speaks and writes frequently on energy and environmental policy, including, most recently:
"EPA Proposed CO2 Performance Standards for New Coal and Gas Plants," NRECA, September 26, 2013.
"EPA Proposed CO2 Performance Standards for New Coal Plants," Washington Coal Club, September 24, 2013.
Bernstein Research investment advisors briefing on EPA air quality initiatives, March 26, 2013.
American Bar Association Section on Environment, Energy and Resources Spring 2013 Conference: NAAQS and Stacks: An Industry Perspective, March 22, 2013.
Capital Alpha Partners investors conference call briefing on UMACT, March 15, 2013.
Nebraska Association of Resource Districts Clean Air Update, March 12, 2013.
"Four More Years: What to Expect from EPA on in the Second Term," Southern States Energy Board, February 25, 2013.
"Four More Years: What to Expect from EPA on Coal Issues in the Second Term," Coal Industry Roundtable, University of Wyoming Gillette College Tech Center, December 13, 2012.
"Four More Years: What to Expect from EPA on Electric Utilitiy Issues," MEAG Power 2012 Mayors Summit, November 10, 2012.
"EPA GHG Regulation: NSPS Proposal and PSD Permitting," Canadian Electricity Association, October 16, 2012.
"A Clean Air Act Primer: Where We Came From and Where We May Be Going," Canadian Electricity Association, October 16, 2013.
Quoted, "Campaigns Spar Over Coal's Future," Wall Street Journal, September 24, 2012.
"Managing Coal: How to Achieve Reasonable Risk with an Essential Resource," Vermont Journal of Environmental Law, June 1, 2012.
"First Year of GHG Permitting Under Prevention of Significant Deterioration Program," Electric Light & Power, May/June 2012.
“EPA Power Sector Rules and Electric Grid Reliability,” Presentation at Platts New EPA Power Plant Regulations Conference, Washington, D.C., May 22, 2012.
"EPA Power Sector Rules: Issues for State PUCs," SEARUC Summit, April 16, 2012.
"EPA Power Sector Rules and Electric Grid Reliability," EEI Legal Committee, May 2012.
"EPA Power Sector Rules and Electric Grid Reliability: A Primer for PUC Commissioners," Troutman Sanders LLP Webinar, February 2012.
"Episode 7: The Clean Air Act and climate change at the EPA, including current regulatory efforts," The Hot Air Show: Carbon Policies, Politics & Markets, August 25, 2011.
"Supreme Court Aces Climate Change Ruling," Atlanta Journal Constitution, June 30, 2011.
"Climate attorney Glaser discusses arguments in AEP v. Connecticut," OnPoint/Washington Legal Foundation, April 20, 2011.
"GHG Litigation & Where EPA Is in the Regulatory Process," EPA's Greenhouse Gas Regulation: What Your Company Needs to Know, Troutman Sanders LLP & Trinity Consultants, January 27, 2011.
"New EPA Guidance on GHG Permitting," Stratford Publications, Legal Publishing Group Webinar, January 11, 2011.
"2010 Ends with a Flurry of Activity on Greenhouse Gas Regulatory & Litigation Fronts," Troutman Sanders LLP, January 4, 2011.
"The EPA Regulatory Cascade: What Can State Legislatures Do?," The American Legislative Exchange Council, December 2, 2010.
"What Next on Climate in Washington, DC?," Bonbright Conference, September 24, 2010.
"The Current EPA Regulatory Agenda,” Presentation to the EEI Spring Legal Conference, Philadelphia, PA, April 29, 2010.
"Is Cap-and-Trade Kaput?" Public Utilities Fortnightly, July 2010.
"EPA Climate Policy: Waist-Deep In The Big Muddy," Law360, June 21, 2010.
"Impending GHG Emission Reduction Requirements," EUCI, June 17, 2010.
"New EPA Challenges for Coal-Fired Plants," SNL Energy, June 10, 2010.
"EPA Regulation of Greenhouse Gases," Industrial Energy Consumers of America, November 16, 2009.
"The Climate Change Scene in Washington," Georgia Traditional Manufacturers Association, November 5, 2009.
“Warming in Washington: What’s Up at EPA and in Congress?,” Western Fuels Association, July 30, 2009.
“It’s Not Easy Being Green: What’s Up on Warming in Washington?,” Virginia Bar Association, July 25, 2009.
“Federal Regulatory Developments Affecting Coal: EPA and Congress,” Montana Coal Council, Kalispell, MT, July 21, 2009.
"Warming in Washington: What's Up in EPA and Congress", Wyoming Mining Association, June 19, 2009.
"EPA GHG Regulation under the Clean Air Act: Washington, D.C. Perspective", Western Business Roundtable EPA Endangerment Webinar, May 29, 2009.
“EPA GHG Regulation under the Clean Air Act: How Far Will They Go?”, Law Seminars International, Arlington, VA, March 19, 2009.
“Roadblock to Recovery? Effect of the National Environmental Policy Act on Projects Receiving Loan or Grant Money under the Stimulus Bill,” Energy Support in the Stimulus Bill, March 5, 2009.
"Federal Regulation of Greenhouse Gases: Where We've Been and Where We're Going," In Inside the Minds: Working with Government Agencies in Climate Change Law, 2009.
“Avoiding a Regulatory Nightmare,” The Environmental Forum, Volume 26, Number 2, March/April 2009.
“Regulating GHGs Under The Clean Air Act,” Law360, March 2009.
American Bar Association Teleconference: "A Simple Remand or a New Era for Stationary Source Permitting? EPA’s Environmental Appeals Board Decision in Deseret Power Electric Cooperative and CO2 BACT," December 15, 2008.
Troutman Sanders Memorandum: "EPA Environmental Appeals Board Decision in Deseret Electric Power Cooperative: Issues and Implications," December 15, 2008.
“The Electric Utility Industry In Uncertain Times: All You Need is Money,” Edison Electric Institute, December 4, 2008.
“Potential Regulation of Greenhouse Gases under the Clean Air Act,” Business Roundtable, Washington, D.C., November 20, 2008.
"EPA Climate Change ANPR: What It Means For Stationary Sources," U.S. Chamber of Commerce, October 30, 2008.
"Climate Change Legal Issues," Georgetown University Law School Federalist Society, September 25, 2008.
"Particulate Matter Issues in the Mining & Minerals Processing Industries," Wyoming Mining Association, Montana Coal Council, Nevada Mining Association, Troutman Sanders Law Firm, Mcvehil-Monnett Associates, September 17, 2008.
"Climate Change Regulation in the Ag Sector: Prospects and Concerns," American Farm Bureau Federation, September 9, 2008.
"Clean Air Act Application to Stationary Source Greenhouse Gas Emissions," American Bar Association Teleconference, July 16, 2008.
"Climate Change ANPR Tutorial, Heritage Foundation," Washington, DC, July 3, 2008.
“Global Warming Solutions: Regulatory Challenges and Common Law Liabilities Associated With The Geologic Sequestration of Carbon Dioxide,” The Georgetown Journal of Law and Public Policy, Volume 6, No. 2, Summer 2008.
“Will EPA Be Forced to Issue Climate Change Endangerment Finding?,” Washington Legal Foundation, Legal Opinion Letter, Volume 18, No. 11, May 16, 2008.
"Climate Change Litigation Watch," Law Seminars International Second Annual Conference on Climate Change Regulation and Policy, Arlington, Virginia, April 15, 2008.
"GHG Litigation Presentation for Climate Change in the Sunshine State" in Orlando, FL, February 13, 2008.
"Carbon Regulation Briefing for United States Climate Partnership Association" in Washington, DC, November 28, 2007.
“Three Federal Courts Reject Public Nuisance as Climate Change Control Tool” Washington Legal Foundation, Volume 17, No. 24, November 2007.
"GHG Regulation & Litigation Presentation" for the Southeast Air Quality Conference in Atlanta, GA, October 4, 2007.
"Massachusetts v. EPA Global Warming Decision: What Does It Mean?" ABA's Natural Resources & Environment, Volume 22, Number 2, Fall 2007.
"The Supreme Court's Global Warming Decision and What Happens Next," Panel Discussion, Congressional Research Service, Library of Congress, April 11, 2007.
"Global Warming and the Clean Air Act in the Supreme Court: The Massachusetts v. EPA and Duke Energy Decisions," Panel Discussion, Georgetown University Law School, April 8, 2007.
"What does Massachusetts v. EPA Mean?" Peter Glaser and Douglas Henderson, April 4, 2007.
Guest appearance on C-SPAN’s Washington Journal to discuss the Supreme Court case, Massachusetts v. EPA with an opposing expert, November 29, 2006.
"Global Warming in the Courts: An Overview of Current Litigation and Common Legal Issues," Georgetown University Law School, November 10, 2006.
"The Transmission Project Development Renaissance, Review of Transmission Projects in the West," Washington, D.C., October 6, 2006 (moderated panel).
"CO2 Litigation and Regulation: An Overview of Recent Events," American Bar Association Section of Environment, Energy & Resources, Fall Meeting, San Diego, CA, October 6, 2006 (co-presenter).
"The New Frontier Power Summit, Transmission Siting in Today's Regulatory Environment," San Diego, CA, April 19, 2006 (moderated panel).
"Greenhouse Enters the Courthouse," Natural Gas and Electricity, April 2006.
"CO2 Litigation and Regulation, An Overview of Recent Events, EUCI Regional Greenhouse Gas Initiative, a Contrarian Perspective," American Bar Association, Environment, Energy & Resources Section, January 26, 2006.
"CO2 Litigation and Regulation, An Overview of Recent Events," Conference on Corporate Strategies for Reducing Utility Emissions, Miami, FL, December 6, 2005.
"CO2 Litigation and Regulation: An Overview of Recent Events," U.S. Chamber of Commerce, October 5, 2005.
"Court Rejects Activists' Suit to Force Federal CO2 Limits," Washington Legal Foundation, Vol. 15, No. 19, September 23, 2005.
"New Source Review: Outstanding Legal Issues," American Coal Conference, Columbus, OH, March 15, 2005.
"CO2 Nuisance Litigation - Tip of the Iceberg?," Electric Utilities Environmental Conference, Tucson, AZ, January 2005.
"EPA Has No Business Regulating CO2," American Bar Association, Section of Environment, Energy and Resources, Trends, March-April 2004.
"Key Issues Update for Air and Climate," Edison Electric Institute 2004 Spring Legal Conference, Scottsdale, AZ.