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Will EPA Be Able to Avoid Regulating Existing Sources of Methane?

The Obama administration recently announced plans to directly regulate methane gas emissions from oil and gas wells for the first time. A cornerstone of the regulations will be New Source Performance Standards (NSPS) for new...more

2/13/2015

Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom

Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v....more

1/29/2015 - Appeals Clean Air Act Coal Industry Coal-Fired Plants Common Law Torts Cross-State Air Pollution Farms Negligence Preemption

Three Obstacles to EPA’s O3 Rule: Industry Opposition, Implementation, and Congressional Oversight

The U.S. Environmental Protection Agency (EPA) recently proposed revising the national air quality standard for ozone, the key pollutant in smog and regional haze. EPA acknowledges that the rule will cost billions of dollars...more

12/31/2014 - Clean Air Act EPA Legislative Agendas NAAQS Proposed Standards Regulatory Agenda

The U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule in EPA v. EME Homer City Generation, L.P., Paving the Way to...

On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more

5/12/2014 - Cap-and-Trade Carbon Emissions Clean Air Act EPA v EME Homer City NAAQS Power Plants SCOTUS SIP

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