Clean Air Act

News & Analysis as of

Updates on Environmental, Administrative and Regulatory Law: EPA's Proposed Cross-State Air Pollution Update Rule

On November 16th, EPA proposed an “update” to its Cross-State Air Pollution Rule (CSAPR) ozone season requirements. Starting in 2017, the proposal is intended to reduce summertime emissions of nitrogen oxides (NOx) from power...more

OMB Releases Fall 2015 Regulatory Agenda

Earlier today, the White House Office of Management and Budget released its semi-annual Unified Regulatory Agenda and Regulatory Plan for Fall 2015, covering 59 Federal departments, agencies, and commissions. Entries are...more

Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know

In two decisions released on November 2, 2015, Merrick, et al. v. Diageo Americas Supply, Inc. and Little et al. v. Louisville Gas & Electric Company; PPL Corporation, the U. S. Court of Appeals for the Sixth Circuit...more

EPA Issues Final MACT for Brick and Structural Clay Products and Clay Ceramics Manufacturing

Section 112(d) of the Clean Air Act requires EPA to set emission standards for hazardous air pollutants emitted by sources in certain specified source categories and subcategories. EPA recently published final maximum...more

EPA Publishes Clean Power Plan And Initiates Concerted Attempt to Reduce GHG Emissions from Fossil Fuel Fired Power Plants

The Clean Power Plan is one of the most intensely scrutinized and debated rules in EPA’s history. The proposed rule, published in June of 2014, generated 4.3 million individual comments. The final rule was immediately...more

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...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

Update on Environmental Regulations Impacting the Power Sector – Litigation May Create Uncertainty

As the electric power industry considers the options for compliance with an unprecedented suite of new environmental requirements, it faces continued uncertainty as to the fate of some of the most significant new regulations....more

Environmental Notes - October 2015

In a significant setback for the Obama Administration, the U.S. Court of Appeals for the Sixth Circuit has temporarily blocked implementation of the Clean Water Rule issued jointly by EPA and the U.S. Army Corps of Engineers...more

EPA Puts Refrigeration Firm on Ice

Millard Refrigerated Services Inc. learned the hard way that a company's failure to correct deficiencies in its processes can lead to significant consequences. Following three releases to the atmosphere from 2007 to 2010,...more

EPA Denies Petition to Remove EGBE From List of TRI Form R Chemicals

Ethylene glycol monobutyl ether (EGBE) is a solvent used primarily in the production of paints, coatings, and metal and household cleaners. It’s also used in the production of other chemicals. Facilities that manufacture,...more

Clean Power Plan Formally Published – Full Steam Ahead for Challengers!

The U.S. EPA formally published the final version of the Obama Administration’s Clean Power Plan on Friday, October 23, an action which starts a 60 day period within which to challenge the rule. On the same day, 26 challenges...more

Clean Power Plan: EPA Provides Guidance on Initial Submittals and Extension Process

The Environmental Protection Agency's (EPA) Office of Air Quality Planning and Standards has issued a memorandum providing direction to the states interested in seeking a two-year extension of time in which to develop and...more

Energy Insights: An Update from the Third Quarter of 2015

In this edition of Seyfarth Shaw’s Energy Insights Newsletter our Energy and Clean Technologies team covers important developments in Q3 2015 for the energy industry including 1) the latest initiatives from the Environmental...more

Wrap-Up of Federal and State Chemical Regulatory Developments, October 2015

On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) issued a report, "The DNA of the U.S. Regulatory System: Are We Getting It Right For Synthetic...more

Compliance at the Tipping Point, Part III – The VW Emissions-Testing Scandal

I continue my series on why I believe that compliance is at the ‘Tipping Point’ with a discussion of the Volkswagen (VW) emissions-testing scandal and its effect on the greater compliance world. Myself and many other...more

California Environmental Law & Policy Update - October 2015 #2

Environmental and Policy Focus - Nationwide stay of EPA/Army Corps "Waters of the U.S." rule issued by Sixth Circuit Court of Appeals: Allen Matkins - Oct 9: The Sixth Circuit Court of Appeals today issued a nationwide...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 Releases Revised Ozone NAAQS

On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...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 Denies Petition to Regulate Carbon to Address Ocean Acidification under TSCA

The U.S. Environmental Protection Agency (EPA) promptly rejected a petition by the Center for Biological Diversity (CBD) requesting that the agency undertake a novel expansion of its authority under the Toxic Substances...more

Volkswagen Defeated?

Last week, on September 18, 2015, the EPA issued a News Release revealing that Volkswagen Group of America (“Volkswagen”) sold cars incorporating a “defeat device” as defined in the Clean Air Act (“CAA”) to purposefully evade...more

Pre-enforcement Review? Not Enough. How About Pre-issuance Review?

In Sackett, the Supreme Court ruled that EPA could not issue enforcement orders under the Clean Water Act without allowing the subjects of the order the right to bring a pre-enforcement challenge to such orders under the...more

EPA Decreases Limit for Ground-Level Ozone

In an updated rule released October 1, 2015, the Environmental Protection Agency (EPA) set tighter limits on ozone – a compound regarded as a precursor to smog. In setting the new standard at 70 parts per billion (ppb) for...more

EPA Tightens Ozone Standard…Again

On October 1, 2015, EPA announced that the new National Ambient Air Quality Standards (NAAQS) for ozone would be 70 ppb, a 6.7% reduction of the current 75 ppb standard. On November 25, 2014, EPA had proposed to...more

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