News & Analysis as of

Clean Air Act

Animal Feeding Operations Emission Estimation Methods: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 19th report titled: Eleven Years After Agreement, EPA Has Not Developed Reliable Emission Estimation...more

Arkansas State Implementation Plan Revisions/Minor New Source Review: September 18th U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a September 18th Federal Register Notice proposing approval of revisions to the Arkansas State Implementation Plan (“SIP”) which modify the Chapter 4 Minor...more

Hurricane Irma Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins in Florida, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Adopts 2017 NAICS Codes For TRI: On August 16, 2017, the U.S. Environmental Protection Agency (EPA) announced that it is updating the list of North American Industry Classification System (NAICS) codes...more

EPA Seeks Public Comment on Re-Opened Midterm Review of MY 2022-2025 Greenhouse Gas Standards and MY 2021 Standards

by King & Spalding on

On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Regional Haze/Nitrogen Oxide: U.S. Environmental Protection Agency Proposal to Approve Arkansas State Implementation Plan Revision

The United States Environmental Protection Agency (“EPA”) issued a September 11th Federal Register Notice proposing to approve a revision to the Arkansas Regional Haze State Implementation Plan (“SIP”) submitted by the...more

U.S. Environmental Protection Agency Office of Air and Radiation: William L. Wehrum Nominated to be Assistant Administrator

The United States Environmental Protection Agency (“EPA”) announced in a September 7th news release that William Wehrum has been nominated by the Trump Administration to serve as Assistant Administrator for the Office of Air...more

EPA Waives RFS Requirements For States Affected By Hurricane Harvey

by Bergeson & Campbell, P.C. on

On August 31, 2017, the U.S. Environmental Protection Agency (EPA) announced that requirements for reformulated gasoline and low volatility gasoline would be waived through September 15, 2017, for Alabama, Florida, Georgia,...more

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Ketchikan, Alaska Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and E.C. Phillips and Son, Inc. (“E.C. Phillips”) entered into an August 17th Expedited Settlement Agreement (“ESA”) addressing alleged violations of regulations...more

Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Cooperative Federalism Requires Cooperation From Both Sides

In 2011, the National Parks Conservation Association sued EPA for failure to enforce the regional haze requirements of the Clean Air Act. EPA and the NPCA settled in 2012, establishing a schedule by when SIPs or FIPs had to...more

Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the...more

What’s a Court to Do When EPA Misses a Statutory Deadline?

Earlier this week, a divided 9th Circuit Court of Appeals affirmed entry of a consent decree between the Sierra Club and EPA, resolving litigation over EPA’s failure to promulgate attainment designations for the sulfur...more

Infrastructure Insights: Issue #7

Deadline Looms for FAA Reauthorization - Both the Senate and the House pushed taking action on their conflicting Federal Aviation Administration reauthorization bills until after lawmakers returned from Labor Day, leaving...more

Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Snell & Wilmer on

The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more

Appellate Court Rules EPA RFS Exemption Criteria Too Strict

by Bergeson & Campbell, P.C. on

On August 15, 2017, the U.S. Court of Appeals for the Tenth Circuit ruled two to one that the U.S. Environmental Protection Agency (EPA) exceeded its statutory authority under the Clean Air Act (CAA) when it denied Sinclair...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Democrat Amy Padden Announces Bid for Colorado Attorney General- Democrat Amy Padden, former Executive Assistant U.S. Attorney and Law Enforcement Coordinator for the District of Colorado, announced...more

California Environmental Law and Policy Update - August 2017 #2

by Allen Matkins on

Environmental and Policy Focus - New California law gives air quality officials power to quickly shut down industrial operations - Los Angeles Times - Aug 7 - Governor Jerry Brown on Monday signed legislation,...more

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

by Sullivan & Worcester on

President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

You Can’t Do That! DC Circuit Vacates EPA’s HFCs Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Businesses and industries that had been impacted by the EPA’s HFCs rule may wish to monitor EPA’s response to this opinion carefully....more

Appeals Court Thwarts Trump Effort to Stall Implementation of Methane Rules

by McGuireWoods LLP on

Although the fight remains ongoing, a recent U.S. Court of Appeals decision requires the Environmental Protection Agency (EPA) to immediately enforce Obama-era rules intended to reduce emissions from new oil and gas...more

Trump Track: Environmental Policy Changes

While the Trump Administration has struggled overall to develop and implement coherent policies, the Administration has had some success in the environmental sphere. Through a series of presidential memoranda, executive...more

EIB Energy Highlights: New FERC Chair, Offshore Drilling-NC Says “No,” Atlantic Coast Pipeline EIS, Clean Air & More

by Moore & Van Allen PLLC on

Our goal is to serve as a leading-edge resource for companies navigating the rapidly evolving landscapes of the domestic and global energy markets. Moore & Van Allen’s EIB Energy Highlights is a complement to our Energy...more

The New Administration’s Deregulatory Agenda and its Impact on Environmental & Energy Policy

by Sullivan & Worcester on

As seen in the first six months of President Trump’s Administration, the country is on a rollercoaster ride. There is much uncertainty regarding the implementation of new policies and the status of existing programs...more

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