News & Analysis as of

Clean Air Act

New Administration At EPA To Reconsider Several Issues

The new administration at the Environmental Protection Action has taken these actions: - Reconsidering the New Methane Rules. On June 3, 2016, pursuant to the Clean Air Act (CAA), EPA promulgated amendments to the...more

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those...more

Top environmental developments in 2017 for ADG companies

by Hogan Lovells on

The Trump administration has made it clear that it will seek to eliminate environmental regulations that it sees as imposing an unjustified economic burden. As is often the case when control of the federal government changes...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

EPA Initiates Reviews of Three Clean Air Act Regulations, Following President Trump’s “Promoting Energy Independence and Economic...

by Beveridge & Diamond PC on

A week after President Trump signed an Executive Order directing agency review of various energy-related regulations, the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations...more

President Trump Takes First Step on Long Road to Roll Back Climate Rules

by Latham & Watkins LLP on

Recent executive order seeks broad repeal of Obama administration climate policies, including actions directed at the electric power sector. On March 28, 2017, President Donald Trump signed a “Presidential Executive...more

This Month in Corruption: Smuggled Drugs, Bogus Billing, Tampered Equipment

by PretiFlaherty on

Wrong Way to Keep Prisoners in Line. The office of William D. Weinreb, acting U.S. Attorney for the District of Massachusetts, announced March 3 that two former corrections officers at the Essex County Correctional facility...more

Executive Order Reverses Key Aspects of Obama’s Climate Action Plan

Yesterday the White House released its highly anticipated Energy Independence Executive Order (EO). The EO signals the White House’s fulfillment of a campaign promise—to roll back the various elements of the Climate Action...more

National Farmers Union Passes Resolution On Higher Blended Fuels

by Bergeson & Campbell, P.C. on

On March 13, 2017, the South Dakota Farmers Union announced that the National Farmers Union had passed a resolution calling for the U.S. Environmental Protection Agency (EPA) to open the market to higher blends of ethanol...more

Washington Continues to Consider a Carbon Tax and Defends Clean Air Rule

by K&L Gates LLP on

This is the first installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. While federal efforts to reduce...more

The Conservative Case for Chevron Deference, Chapter 3 (Plus an Auer Bonus!)

The conservative cases in support of Chevron deference keep arriving. This week, the 9th Circuit Court of Appeals affirmed EPA’s federal implementation plan for compliance with its regional haze regulations by the Navajo...more

Bipartisan Bill Introduced To Broaden Ethanol Fuel Choices

by Bergeson & Campbell, P.C. on

On March 2, 2017, Congressmen Adrian Smith (R-NE) and Congressman Dave Loebsack (D-IA) reintroduced legislation to expand the current Reid Vapor Pressure (RVP) waiver to include E15 motor vehicle fuel. The Consumer and Fuel...more

Environmental deregulation under President Trump: Business as usual?

by Thompson Coburn LLP on

The Trump Administration is expected to issue a high-profile executive order that seeks to eliminate a major Obama-era environmental measure, the Clean Power Plan....more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

Reducing Ozone Regulation Costs Under the New Administration

by Latham & Watkins LLP on

New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more

EPA Withdraws Oil and Gas Information Collection Request

by Bracewell LLP on

On March 2, 2017, new EPA Administrator Scott Pruitt made it clear that he will follow through on President Trump's promise to reduce regulatory burdens by withdrawing the Information Collection Request (ICR) that the Obama...more

Senators Send Letter To Pruitt On Volatility Regulations

On February 17, 2017, several Republican Senators sent a letter to Scott Pruitt, the U.S. Environmental Protection Agency (EPA) Administrator, to confirm their willingness to work with Pruitt to grow the nation’s economy and...more

The Changing Climate is Changing the Way Financial Institutions Assess Risks and Opportunities

by Bryan Cave on

The financial sector is beginning to face up to the reality of climate change. Increasingly, banks and other financial institutions are managing the immense pool of capital they control with an eye towards the risks posed –...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

District of Columbia Proposes Much Anticipated Synthetic Minor Air Permitting Regulations

by Beveridge & Diamond PC on

On February 3, 2017, the District of Columbia’s Department of Energy & Environment (“Department”) released a Notice of Proposed Rulemaking announcing its much-anticipated synthetic minor air permitting regulations (“Proposed...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

Climate Change Will Increase Peak Energy Demand By More Than We Thought: More Storage, Perhaps?

In an interesting study just published in the Proceedings of the National Academy of Sciences, the authors predict that climate change will have a more significant impact on peak energy demand than had previously been...more

EPA Amends CAA 112(r) Risk Management Program

by Williams Mullen on

EPA has published a final rule amending its Clean Air Act (CAA) Risk Management Program (“RMP”) regulations. EPA states the new rule will reduce the likelihood of accidental releases at chemical facilities, improve emergency...more

"Legislative, Regulatory and Judicial Challenges to the 2015 Ozone National Ambient Air Quality Standards"

President Donald Trump has expressed a strong opposition to many federal environmental regulatory programs and the work of the Environmental Protection Agency (EPA) during Barack Obama's presidency. His nominee for EPA...more

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