Mark Delaquil

Mark Delaquil


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Highlights of the UARG v. EPA Decision

On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more

6/26/2014 - BACT Clean Air Act Climate Change Environmental Policies EPA Greenhouse Gas Emissions Permits Power Plants SCOTUS Title V Utilities Sector Utility Air Regulatory Group v EPA

Supreme Court Affirms Cross-State Air Pollution Rule, Reversing D.C. Circuit

One of the long-running questions in the administration of the Clean Air Act is the extent to which EPA can implement the Act through market-based mechanisms, such as cap-and-trade programs. Yesterday, the Supreme Court...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS Transport Rule

Supreme Court Grants Certiorari in Clean Air Act Case

On October 15, the Supreme Court agreed to hear a challenge to the EPA’s implementation of greenhouse gas regulations under the Clean Air Act. As discussed in a previous blog post, multiple petitions for certiorari were filed...more

10/16/2013 - Certiorari Clean Air Act EPA Greenhouse Gas Emissions SCOTUS

EPA Proposes New Power Plant Carbon Dioxide Limits

On September 20, 2013, EPA proposed new source performance standards (NSPS) for carbon dioxide emissions from new fossil fuel-fired power plants under Section 111(b) of the Clean Air Act, 42 U.S.C. § 7411(b). This proposal...more

10/15/2013 - Carbon Emissions Clean Air Act EPA Power Plants

Third Circuit Decision Finding No CAA Preemption of State Law Nuisance Creates Apparent Split With Fourth Circuit

A recent case from the Third Circuit has muddied the waters for emissions facilities complying with Clean Air Act (“CAA”) permits. In Bell v. Cheswick Generating Station, 2013 WL 4418637 (Aug. 20, 2013), the Third Circuit...more

9/30/2013 - Clean Air Act Nuisance Split of Authority

EPA Seeks Rehearing in Major Clean Air Act Case

Last week, EPA filed a petition for rehearing in United States v. Midwest Generation, LLC, 720 F.3d 644 (7th Cir. July 8, 2013) (filed September 3). This petition, which argues that the government is not barred by the...more

9/12/2013 - Clean Air Act EPA Permits PSD Statute of Limitations

Supreme Court May Consider EPA’s Regulation of Greenhouse Gases under the Clean Air Act

On September 30, the Court will consider a raft of petitions for certiorari in Coalition for Responsible Regulation v. EPA (“Coalition”), 684 F.3d 102 (D.C. Cir. 2012) (per curiam), the first major challenge to EPA’s...more

8/22/2013 - Automotive Industry Clean Air Act EPA Greenhouse Gas Emissions Motor Vehicles

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