News & Analysis as of

Clean Air Act

DOJ Directive Threatens Availability of Penalty Mitigation Approach

by WilmerHale on

A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

Biofuel Mandates Escape Current EPA Scrutiny

by Sullivan & Worcester on

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

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

by Bergeson & Campbell, P.C. on

Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 27, 2017, for a day-long conference exploring the federal government’s implementation of the...more

The Paris Agreement: Where We Were, Where We Are, Where We Are Going

On June 1, 2017, President Donald Trump announced that the United States would withdraw from the Paris Agreement (the “Agreement”), describing it as “disadvantaging the United States” and indicating that the United States...more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Committee hearing on the nominations of Kristine Svinicki to be a member of the U.S. Nuclear Regulatory Commission; Annie Caputo to be a member of the U.S. Nuclear Regulatory Commission;...more

Revised MACT Standards Coming for 13 HAP Sources

by Williams Mullen on

The United States District Court for the District of Columbia recently ordered EPA to update the maximum achievable control technology (MACT) emission standards for 13 sources of hazardous air pollutants (HAPs). The order was...more

EPA Proposes Further Delay of Revised RMP Rule

by Williams Mullen on

As we reported in the April issue of Environmental Notes, the Trump administration issued a final rule on March 16, 2017 that delayed the effective date of regulations making significant changes to requirements applicable to...more

The Uncertain Future of the Renewable Fuel Standard: Litigation and Regulatory Change in the New Administration

by Latham & Watkins LLP on

The new Administration faces consequential near-term court decisions and policy choices as it charts a future course for the RFS. ..The outcome of pending court challenges to the 2014-2016 RFS Rule will be consequential,...more

Texas Federal Court Discusses Regulatory Affirmative Defenses To CAA Claims

In a very complex, hard-fought case, U.S. District Judge David Hittner discusses how the Texas Commission on Environmental Quality’s (TCEQ) regulatory affirmative defenses to alleged Clean Air Act (CAA) violations will be...more

Not “Too Big to Fail.” Too Big to Comply.

Last year, the 5th Circuit Court of Appeals vacated the decision by District Judge David Hittner not to impose any penalties on ExxonMobil for violations alleged in a Clean Air Act citizens’ suit concerning ExxonMobil’s...more

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

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