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EPA Releases Proposed Rule for Reducing Power Plant CO2 Emissions

Yesterday, EPA released its much-anticipated proposal for reducing greenhouse gas emissions from existing fossil fuel-fired power plants. In its proposed rule, EPA proposes “state-specific rate-based goals for carbon dioxide...more

6/3/2014 - Carbon Emissions Energy Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Power Plants

Criminal Defense Update: New DOJ Policy Promotes Recording Arrestee Interviews

The Department of Justice has released a new policy that establishes a “presumption” in favor of recording post-arrest interviews of individuals in the custody of the FBI, DEA, ATF, or U.S. Marshals Service. The policy,...more

5/23/2014 - Arrest Arrest and Conviction Records ATF DEA DOJ FBI Interviews Video Recordings

D.C. Circuit Rejects Another Clean Air Act Challenge, Upholds Fine Particulate Standard

The D.C. Circuit added to federal air quality regulators’ winning streak on Friday, upholding a 2013 rule that revises air quality standards for fine particulate matter. The rule lowers the National Ambient Air Quality...more

5/13/2014 - Air Quality Standards Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City NAAQS SCOTUS

EPA Knows Which Way The Wind Blows

The immediate impact of the U.S. Supreme Court's decision in EPA v. EME Homer City Generation LP, 2014 DJDAR (April 29, 5327), is that most power plants in the eastern half of the U.S. will face tighter limits on air...more

5/6/2014 - Air Pollution Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City Greenhouse Gas Emissions Power Plants SCOTUS

Supreme Court Upholds EPA Interstate Air Pollution Regulations

The Supreme Court has upheld EPA regulations requiring reductions in SO2, NOx, and fine particle emissions in 28 states stretching from Texas to New York. The regulations, known as the “Cross-State Air Pollution Rule” or...more

4/29/2014 - Air Pollution Clean Energy Environmental Policies EPA Pollution Control SCOTUS

D.C. Circuit Upholds Most of Portland Cement MACT, Vacates “Unavoidable Malfunction” Defense

In a unanimous ruling issued on April 18, the D.C. Circuit largely upheld EPA regulations governing emissions of toxic air pollutants from Portland cement plants, while vacating a provision that created an affirmative defense...more

4/21/2014 - Carbon Emissions Clean Air Act EPA Maximum Achievable Control Technology Toxic Exposure

D.C. Circuit Upholds Power Plant Mercury and Air Toxics Standards

The D.C. Circuit has upheld a 2012 EPA rule limiting air toxics emissions from coal- and oil-fired power plants. The rule, commonly known as the Mercury and Air Toxics Standards, or “MATS,” requires new and existing coal-...more

4/16/2014 - Carbon Emissions Coal-Fired Plants Discharge of Pollutants EPA MATS Oil & Gas

Why Exxon Case Will Likely Become A Plaintiff Favorite

For decades, commentators have warned that California’s discovery rule exception has been swallowing statutes of limitations. See, e.g., Stephen V. O'Neil, Accrual of Statutes of Limitations: California's Discovery Exceptions...more

11/13/2013 - Contaminated Properties Discovery Rule Environmental Liability Statute of Limitations

Three West Coast States Join with British Columbia in Regional Climate Pact

On October 28, 2013, the states of California, Oregon, and Washington joined with the Canadian province of British Columbia to sign a regional agreement that promises to coordinate long-term climate policy, including the...more

10/29/2013 - Cap-and-Trade Carbon Pricing Carbon Taxes Greenhouse Gas Emissions Regional Climate Pact

Supreme Court Agrees to Review EPA’s Greenhouse Gas Rules for Stationary Sources

Earlier today, the Supreme Court announced that it would review the EPA’s decision to regulate greenhouse gas emissions from stationary sources such as power plants and industrial facilities. The Court granted certiorari...more

10/15/2013 - Clean Air Act EPA Greenhouse Gas Emissions Permits SCOTUS

A Powerful New Tool For Brownfield Cleanup

California cities and counties have acquired a powerful new tool to clean up contaminated “brownfields” sites. On Oct. 5, Gov. Jerry Brown signed Assembly Bill 440, legislation that gives local government agencies in the...more

10/14/2013 - AB 440 Brownfield Properties CERCLA Department of Toxic Substances Control Environmental Liability Hazardous Substances Redevelopment Remediation

CARB Releases Draft Update of Climate Change Scoping Plan

The California Air Resources Board (CARB) has released a discussion draft of the First Update of California’s Climate Change Scoping Plan for public review and comment....more

10/3/2013 - Cap-and-Trade CARB Climate Change Scoping

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