The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more
The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more
In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more
The Tennessee Air Pollution Control Board ("Board") issued to East Tennessee State University ("East Tennessee State") on January 5th a document styled: Technical Secretary's Order and Assessment of Civil Penalty...more
The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...more
As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more
The Colorado Department of Public Health & Environment (“CDPHE”) issued a February 5th news release indicating it has entered into two settlement agreements with Suncor Energy (“Suncor”). The two agreements address a...more
Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...more
For anyone involved in the first round of the Clean Air Act regional haze program, the U.S. Environmental Protection Agency’s (EPA) action on the first business day of 2024 came as no surprise: EPA proposed to disapprove the...more
In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding. And now it’s back in play, through regulatory revisions...more
The Clean Air Council filed a May 11th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Pennsylvania against Shell Chemical Appalachia, LLC...more
The National Association of Clean Air Agencies (“NACAA”) submitted March 28th comments to the United States Environmental Protection Agency (“EPA”) addressing its proposed rule to strengthen the National Ambient Air Quality...more
The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more
The United States Environmental Protection Agency (“EPA”) announced on January 6th a proposed rule which will strengthen the National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter.. EPA had...more
The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more
The United States Environmental Protection Agency (“EPA”) issued an August 2022 Enforcement Alert (“EA”) titled: Stationary Engines Cause Excess Emissions in Communities Across the Country...more
The United States Attorney’s Office for the District of Oregon (“Department of Justice [“DOJ”]) issued an August 24th news release stating that Hydro Extrusion USA (“Hydro”) had been charged with negligent endangerment under...more
Citing a lack of standing and no final agency action, the US Court of Appeals for the DC Circuit dismissed the petition of an association representing businesses that make and sell aftermarket racing parts seeking review of a...more
In June 1989, then-President George H. W. Bush proposed revisions to the Clean Air Act designed to reduce what were perceived as three of the largest threats to the environment at the time: toxic air emissions, acid rain, and...more
The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more
On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more
Introduction - In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more
What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more