Air Quality Standards

News & Analysis as of

California Environmental Law & Policy Update - July 2015 #5

Environmental and Policy Focus - Extended deadline expected in Obama’s upcoming climate plan: New York Times - Jul 28: The final version of President Obama’s signature climate change policy, which may be unveiled as...more

The D.C. Circuit Sends EPA Back to the Drawing Board to Fix Its Transport Rule Emissions Budgets

The Clean Air Act’s good neighbor provision prohibits upwind states from emitting air pollutants in amounts that will “contribute significantly to nonattainment” of a national ambient air quality standard in a downwind state....more

A breath of fresh air for our cities?

A working group chaired by Stéphane Illouz, partner in Reed Smith’s real estate and environment department in Paris, in partnership with French think tank La Fabrique Ecologique, has published a report on the subject of air...more

SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Ninth Circuit expands bases to avoid direct industry payment of Clean Air Act “Nonattainment Fees” — adds San Joaquin Valley...

The Ninth Circuit Court of Appeals capped a saga of over seven years on June 18 by extending its March 11, 2015 ruling in support of alternatives to imposing hefty fees on individual companies which have complied with the...more

California Environmental Law & Policy Update - June 2015 #2

Environmental and Policy Focus: Offshore oil drilling banned along new stretch of California coast - San Jose Mercury News - Jun 10: In the largest expansion of national marine sanctuaries in California in 23 years, the...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Release of Risk and Exposure Assessment for the Review of the Primary National Ambient Air Quality Standards for Nitrogen Dioxide. EPA is currently reviewing the primary...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

Notice of Availability of Draft NPDES General Permit for Stormwater Discharges From Small Municipal Separate Storm EPA is reopening the public comment period for its Notice of Availability of the draft small municipal...more

SHE Matters - Winter 2014/2015

In This Issue: - Fee For Intervention – Is It Set To Stay? - How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall - Review Of The Proposed Changes In The Sentencing Of Health...more

Energy Newsletter - December 2014

In This Issue: - Plans to build the first coal gasification plant in Britain - Letters of credit, on-demand bonds, and the "fraud exception" - Argentina amends its hydrocarbons law to boost exploration...more

California Environmental Law and Policy Update - November 2014 #3

Environmental and Policy Focus: New dust control method ends L.A.'s longtime feud with Owens Valley: Los Angeles Times - Nov 14: The City of Los Angeles ended a bitter dispute with Owens Valley on Friday with the...more

EPA Finally Proposes a Revised Ozone Standard, Sort Of

Yesterday, EPA finally proposed a revised ambient air quality standard for ozone – except that the agency is still hedging its bets. The Clean Air Science Advisory Committee had previously supported a revised ozone NAAQS of...more

Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the...more

How Low Will They Go? A Lower Ozone NAAQS Begins to Have An Air of Inevitability

On Friday, EPA released its “Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards.” EPA staff concluded: that it is appropriate in this review to consider a revised primary O3 standard level...more

San Francisco Bay Area Employers Must Comply with Commuter Benefits Program by Sept. 30, 2014

Employers with 50 or more employees in any combination of nine San Francisco Bay Area counties have until Sept. 30, 2014, to come into compliance with the Bay Area Commuter Benefits Program (CBP). Intended to encourage the...more

EPA Not Required to Consult on Air Quality Regulation Regarding Four Corners Power Plant

On July 23, 2014, the United States Court of Appeals for the Tenth Circuit held that the U.S. Environmental Protection Agency (EPA) was not required to consult with the U.S. Fish and Wildlife Service regarding potential...more

Boiler Owners Must Submit Notification to EPA by July 19, 2014

In December 2012, the U.S. EPA finalized changes to its National Emission Standards for Hazardous Air Pollutants for Area Source Boilers at 40 C.F.R. Part 63, Subpart JJJJJJ. Under this regulation, owners or operators of...more

What's a ROG and Can It Hurt Me? EIR Overturned For Failure to Explain Air Quality Impacts to Human Health

In Sierra Club v. County of Fresno (Cal. Ct. App. 5th Dist. May 27, 2014), the Fifth Appellate District found fault with the County of Fresno’s (County) review of the Friant Ranch Project (Project) under the California...more

Calif. Projects Must Take Health Impacts Into Account

In Sierra Club v. County of Fresno, a decision that will likely impact projects across California, the Court of Appeal for the Fifth Appellate District issued its second major California Environmental Quality Act ("CEQA")...more

Fifth District Decides Significant CEQA Air Quality/Health Impact Analysis and Mitigation Issues In Sierra Club v. County of...

In a lengthy and scholastic published opinion filed May 27, 2014, the Fifth District Court of Appeal reversed and remanded the trial court’s decision, which had upheld the EIR and other approvals (including a General Plan...more

EIR Air Quality Analysis Insufficient: Lack of Specificity Regarding Human Health Impacts, Mitigation Measure Enforceability, and...

Faced with an appeal of the Superior Court of Fresno’s approval of a controversial Environmental Impact Report, the Fifth District Court of Appeal reversed and found that the challenged EIR violated the California...more

House Subcommittee To Review EPA Emissions Plan

The House Energy & Commerce Committee’s Subcommittee on Energy and Power announced that it will hold a hearing to review the Environmental Protection Agency’s proposal to regulate carbon dioxide emissions from existing power...more

EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program

We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more

EPA Regulation of Power Plant Carbon Dioxide Emissions: Draft Rule for Existing Power Plants Released

On June 2, 2014, the Environmental Protection Agency (EPA) released a draft of its proposed rule that will, for the first time, limit carbon dioxide (CO2) emissions at existing fossil-fuel fired electric utility generating...more

Environmental Alert: "DC Circuit Says EPA Can Delay Acid Rain Rules, but Vacates EPA’s Inconsistent Aggregation Policy"

The US Court of Appeals for the District of Columbia Circuit (DC Circuit) issued two important air quality decisions during the last week of May. In both cases, the position supported by industry prevailed....more

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