Air Pollution

News & Analysis as of

AIG Bows Out of the Pollution Legal Liability Market

On January 26, 2016, insurance giant AIG announced a major restructuring designed to make it a “more profitable and focused insurer.” Apparently as a result of these efforts to streamline and slim down, AIG has begun...more

The Beat Goes On: Pennsylvania Takes Aim at Reducing Methane Emissions from the Oil and Gas Industry

Pennsylvania is currently a hotbed of regulatory initiatives focused on the oil and gas industry. The Environmental Quality Board, for example, will decide on February 3 whether to adopt the Department of Environmental...more

Pennsylvania and Other States Designate Large Sources of Sulfur Dioxide Air Emissions for Close Evaluation

Pennsylvania is among the states taking initial steps required by federal regulations toward identifying areas experiencing unhealthful levels of airborne sulfur dioxide (SO2) and then developing programs to control emissions...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Maine Massachusetts New Hampshire STATUS OF PREVIOUSLY REPORTED RULES COMPLIANCE DEADLINES   For more information, see our mobile-friendly ENViromation Center, an online tool...more

Does Air Pollution Increase Violent Crime?

When EPA assesses the costs and benefits of environmental regulations, it typically looks at direct health impacts resulting from exposure to pollutants. According to a recent National Bureau of Economic Research working...more

CEQA Doesn’t Operate in “Reverse” (Usually)

It’s not quite Star Wars, but in the world of land use, this counts as a blockbuster. The California Supreme Court has decided unanimously that the California Environmental Quality Act (CEQA) generally does not require...more

Putting a Price on Clean Air

There has been a lot of scholarly discussion in recent years about the importance of putting a price on natural resources. The pricing issue has been particularly in the limelight in connection with the drought in the...more

NYSDEC to Propose Emission Limits for Distributed Generation Sources

The New York State Department of Environmental Conservation is proposing new regulations to impose air emission limits and operating requirements on distributed generation (“DG”) sources. The proposed rules will respond to...more

Renewable Energy Update - November 2015 #4

Silver Lake nearly quadruples initial investment in SolarCity - Los Angeles Times: - Nov 18: Investment firm Silver Lake announced plans Wednesday to nearly quadruple the size of its initial stake in rooftop solar power...more

Perhaps the Clean Air Act Really Doesn’t Preempt State Common Law Remedies

This week, the 6th Circuit Court of Appeals held, in Merrick v. Diageo Americas Supply, that the Clean Air Act does not preempt source state common law remedies seeking to control air pollution – even where the defendant is...more

Electronic Reporting to be the NPDES Rule

After a lengthy public notice and comment period, the final National Pollutant Discharge Elimination System (“NPDES”) Electronic Reporting Rule was published in the Federal Register on October 22, 2015, and will become...more

California Environmental Law & Policy Update - October 2015 #4

Environmental and Policy Focus - Exide cleanup: Los Angeles County approves $2 million to facilitate lead removal at homes: Los Angeles Times - Oct 27: Los Angeles County supervisors, frustrated by what they say is a...more

Focus on China - October 2015

Welcome to the third issue of Focus on China Compliance for 2015. According to the FCPA Blog’s October 2015 Corporate Investigations List, China leads the countries reported to be involved in FCPA investigations with 29...more

California Environmental Law & Policy Update - October 2015 #3

Environmental and Policy Focus - CalPERS set to divest from thermal-coal companies: Los Angeles Times - Oct 18: The California Public Employees' Retirement System (CalPERS) Investment Committee will have a new task at...more

EPA’s New Refinery Rule—Next Generation Compliance in Action

The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas. The rule governs hazardous air emissions from...more

EPA Issues New Regulation Governing Air Quality Standards for Ozone

New Standards Could be Costly for California’s Public Agencies - The United States Environmental Protection Agency issued a final rule earlier this month strengthening the National Ambient Air Quality Standards for...more

Renewable Energy Update - October 2015 #4

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

Texas Appellate Court Sides with Energy Industry by Requiring Personal Injury Plaintiffs to Submit Expert Testimony in Nuisance...

In a significant victory for the energy industry, on October 7, 2015, the San Antonio Court of Appeals affirmed summary judgment in favor of Marathon Oil Corporation, Marathon Oil EF, LLC (together “Marathon”) and Plains...more

Can Air Emissions Lead to CERCLA Liability?

The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”) imposes fairly broad liability on potentially responsible parties (“PRPs”) to pay for the investigation and...more

China Demonstrates Increasing Commitment to Addressing Climate Change and Air Pollution Challenges

In the past few weeks, China has taken major steps to revamp its air pollution and climate change policies, domestically and internationally. On September 25, 2015, China entered into a Joint Statement with the United States...more

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more

Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

EPA Issues Final Residual Risk Rule for Refineries

On September 29, 2015, the U.S. Environmental Protection Agency (EPA) issued substantial new regulations to control hazardous air pollutant (HAP) emissions from petroleum refineries. The final rule arises from the “residual...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

How Environment Affects Health – Things your doctor probably won’t ask you about

A clean bill of health: The not so difficult questions your doctor may not be asking because well, who really thinks about our exposure to what we put in, around and on our bodies anyway?...more

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