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A double defeat for EPA on regional haze regulations

On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more

EPA Finalizes Tougher Ozone Standards

On October 1, 2015, the U.S. Environmental Protection Agency (EPA) released its final rule lowering the ozone National Ambient Air Quality Standards (NAAQS) from 75 parts per billion (ppb) to 70 ppb nationwide (2015 Ozone...more

Supreme Court Rebukes EPA's Broad Interpretation Of Its Power To Regulate GHGs And Sends Message For EPA To Carefully Proceed With...

On June 23, 2014, the Supreme Court, in a 5–4 decision,1 affirmed in part and reversed in part the D.C. Circuit Court of Appeals' decision regarding the U.S. Environmental Protection Agency's ("EPA") greenhouse gas ("GHG")...more

EPA Proposes First Nationwide Regulation of Greenhouse Gas Emissions from Existing U.S. Power Plants

Yesterday, the U.S. Environmental Protection Agency (EPA) released its rule proposal to regulate the emission of carbon dioxide (CO2) from the entire existing U.S. fleet of coal, natural gas, and other fossil–fueled power...more

February Closes with Significant Activity Relating to EPA's Regulation of Greenhouse Gases

Last week saw two developments regarding EPA's regulation of greenhouse gases. On February 24, 2014, the Supreme Court of the United States heard oral arguments in Utility Air Regulatory Group v. the Environmental Protection...more

EPA Conditionally Excludes CO2 Geologic Sequestration from RCRA Regulation

On December 19, 2013, the Environmental Protection Agency (EPA) issued a final rule revising the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), to conditionally exclude carbon dioxide...more

U.S. Supreme Court Grants Narrow Review of EPA's Greenhouse Gas Regulatory Regime But Refuses to Review EPA's Endangerment Finding

On Oct. 15, 2013, the U.S. Supreme Court granted six petitions for review challenging the D.C. Circuit Court of Appeals' decision affirming the U.S. Environmental Protection Agency's ("EPA") suite of greenhouse gas ("GHG")...more

Take 2: EPA Re-Proposes Its Regulation of Greenhouse Gas Emissions from New Power Plants

On September 20, 2013, the U.S. Environmental Protection Agency (EPA) re-proposed its regulations to limit greenhouse gases (GHGs) emitted from newly constructed power plants, known as the GHG New Source Performance Standards...more

Texas Supreme Court Rules in Southern Crushed Concrete that Texas Clean Air Act Preempts City of Houston Land Use Ordinance

On February 15, 2013, the Texas Supreme Court reversed the rulings of both a trial court and lower appellate court and found in favor of Southern Crushed Concrete in holding that a City of Houston ordinance placing location...more

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