Air Pollution Clean Air Act

News & Analysis as of

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

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

EPA Seeks Comment on National Enforcement Initiatives

On September 15, 2015, EPA solicited public comment on its upcoming cycle of National Enforcement Initiatives (NEI) for fiscal years (FY) 2017-2019. EPA is proposing to adopt three new enforcement initiatives and is...more

EPA Requests Comment On Fiscal Year 2017 – 2019 Enforcement Priorities

EPA on September 15, 2015, announced its National Enforcement Initiatives (NEIs) for its Fiscal Years (FY) 2017 – 2019 and requested comment on them. 80 Fed. Reg. 55352. EPA selects enforcement initiatives every three years...more

EPA Finalizes Significant Changes to the Clean Power Plan

On August 3, 2015, the Environmental Protection Agency (EPA) released the final Clean Power Plan, the Obama Administration’s landmark effort to limit carbon dioxide emissions from existing fossil fuel-fired power plants...more

Supreme Court Tells EPA Cost Does Matter

The Environmental Protection Agency's Mercury and Air Toxics Standards (MATS) placed national limits on mercury and other toxic emissions from power plants. The agency projected MATS to prevent 11,000 premature deaths, 4,700...more

President Obama Implements Sweeping New Rules to Control Climate Change

On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) utilized executive action to call for a major societal shift on climate change policy. The new rules, dubbed the Clean Power Plan, are intended...more

CPP Sets First National Standards Limiting Power Plants' Carbon Pollution

President Obama unveiled the final Clean Power Plan (CPP) rule on Aug. 3, 2015, which sets forth a historic and ambitious regulation for cutting greenhouse-gas pollution. The CPP establishes the first-ever national standards...more

EPA Finalizes Carbon Pollution Emissions Standards for Power Plants

Today EPA released its final Clean Power Plan, its first-ever regulations aimed at reducing carbon pollution from electric power plants. The final rule contains several significant changes from the proposed rule that was...more

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the...more

EPA Oil and Gas GHG and Source Aggregation Rules Coming Soon

Soon the Environmental Protection Agency will propose greenhouse gas (GHG) regulations for the oil and gas industry sector. The White House Office of Management & Budget (OMB) has begun formal review of an EPA proposal to cut...more

Supreme Court Rejects EPA Mercury Emissions Rule

On June 29, 2015, the Supreme Court cast serious doubt upon the future of the Mercury and Air Toxics Standards (“MATS”) by finding that the Environmental Protection Agency (“EPA”) failed to adequately consider the costs of...more

MATS attack: Supreme Court reversal of EPA's Air Toxics Rule signals difficulties ahead

On June 29, 2015, the US Supreme Court, in a 5-4 decision, reversed and remanded to the DC Circuit EPA's Mercury and Air Toxics Standards rule (MATS). Michigan v. EPA, No. 14-46. MATS is a signature regulation of the Obama...more

Air Quality Law Alert: U.S. Supreme Court Blocks EPA Coal Plant Air Toxics Standards

Earlier today the US Supreme Court issued a 5 to 4 decision in Michigan v. EPA that struck down the U.S. Environmental Protection Agency’s (EPA) Mercury and Air Toxics Standard (MATS) rule. The MATS rule imposes stringent...more

US Supreme Court Nixes EPA Regulations on Mercury Emissions – Must Consider Costs Early!

In Michigan v. EPA, the U. S. Supreme Court invalidated EPA’s rules limiting emissions of mercury and other pollutants from power plants, ruling that EPA inappropriately ignored the costs of regulation – particularly...more

Supreme Court: EPA Must Consider Cost Of Implementing Regulations

In a 5-4 ruling, the U.S. Supreme Court today ruled that the EPA acted unreasonably when it refused to consider the cost of implementing its Mercury and Air Toxics Standard (MATS). The MATS rule, issued in 2012,...more

California Environmental Law & Policy Update - March 2015 #4

Environmental and Policy Focus - EPA emissions rules face Supreme Court test: NPR - Mar 25: On April 1, the Supreme Court will hear a challenge to Obama Administration rules aimed at limiting the amount of mercury and...more

New Source Review Update: Courts Limit Aggregation for Major Source Determination and Challenges to NSR Pre-Project Emissions...

Pennsylvania Court Limits NSR Permit Aggregation - In February, the Middle District of Pennsylvania struck down an environmental group’s challenge that Ultra Resources should have aggregated eight compressor stations...more

Source Aggregation: Recent Court Decision Addresses Whether Certain Facilities are "Adjacent"

On February 23, 2015, the U.S. District Court for the Middle District of Pennsylvania issued a decision finding eight compressor stations to be "separate sources" under the Clean Air Act and State of Pennsylvania regulations....more

When Bad Things Happen at Good Facilities (Hazardous Air Pollutant Edition)

Malfunctions happen, even at a well-managed facility. When they happen, they can cause a facility to deviate from emission limits or other standards regarding (among other things) hazardous air pollutants. Furthermore,...more

EPA Proposes to Retain Current Lead NAAQS

Environmental Protection Agency (EPA) Administrator Gina McCarthy on December 19, 2014, signed a proposed rule that would retain, without revision, the national ambient air quality standards (NAAQS) for lead of 0.15...more

California Environmental Law and Policy Update - November 2014 #4

Environmental and Policy Focus: Coastal California residents using far less water - Associated Press - Nov 4: Residents in coastal communities use far less water than their inland counterparts, but still find ways to...more

Kentucky Federal Court Holds Tort Claims Not Preempted by Clean Air Act

State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act (CAA), according to the U.S. District Court for the Western District of Kentucky. The court agreed to...more

California Environmental Law and Policy Update - October 2014 #4

Environmental and Policy Focus - Groups sue EPA over failure to reduce air pollution: KPCC - Oct 17: Environmental groups have filed a lawsuit in U.S. District Court in San Francisco against the U.S. Environmental...more

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