Matthew Thurlow

Matthew Thurlow

Latham & Watkins LLP

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The Supreme Court Strikes Down the Mercury and Air Toxics Standards

While the Court’s decision marks a symbolic defeat for EPA, it may not significantly alter power plant operators’ compliance efforts. In a much anticipated decision delivered on the last day of the term, the Supreme...more

7/2/2015 - Chevron Deference Clean Air Act Coal Industry Cost-Containment MATS Mercury Michigan v. EPA Power Plants SCOTUS Toxic Exposure

EPA’s Fiscal Year 2014 Civil Enforcement Results Reveal Agency’s Shifting Focus

Despite a decline in civil environmental enforcement results, EPA remains poised to continue pursuing high stakes enforcement cases in 2015. On December 18, 2014, the US Environmental Protection Agency (EPA) released...more

2/4/2015 - Enforcement Statistics EPA Strategic Enforcement Plan

EPA Reverses Course on Malfunctions

EPA proposes eliminating all startup, shutdown and malfunction affirmative defense provisions from SIPS. On September 17, 2014, the United States Environmental Protection Agency (EPA) issued a supplemental notice of...more

11/12/2014 - Affirmative Defenses Clean Air Act Energy Sector EPA SIP SSM Periods

Supreme Court Ruling Resolves Conflict on State Statutes of Repose

US Supreme Court rules CERCLA Section 309 does not preempt state statutes of repose. Federal causes of action remain unaffected. Last week, in a 7-2 decision, the US Supreme Court ruled in CTS Corp. v. Waldburger that...more

6/23/2014 - CERCLA CTS v Waldburger Environmental Liability Environmental Policies Hazardous Substances SCOTUS Statute of Limitations Statute of Repose

The Supreme Court Upholds EPA’s Cross-State Air Pollution Rule

Decision in EME Homer City upholds CSAPR, but additional legal challenges and EPA revisions may still significantly alter CSAPR and delay its implementation. On Tuesday, April 29, the United States Supreme Court...more

5/5/2014 - Clean Air Act Clean Air Interstate Rule Cross-State Air Pollution EPA v EME Homer City SCOTUS

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