News & Analysis as of

Clean Air Act Environmental Protection Agency

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

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

House Approves 8-Year Delay of Obama-era Ozone Standards

by Kelley Drye & Warren LLP on

On July 18th, the U.S. House of Representatives passed a bill updating the Clean Air Act and delaying implementing Obama-era ozone reduction regulations until 2024. The “Ozone Standards Implementation Act of 2017” H.R. 806...more

Fourth Circuit Court of Appeals Overturns West Virginia District Court’s Order Requiring EPA to Evaluate Clean Air Act Employment...

by Kelley Drye & Warren LLP on

On June 29, the U.S. Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider a lawsuit filed by Murray...more

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

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product...more

Refrigeration Systems Targeted: Risk Management Plans and Release Reporting

by Williams Mullen on

Companies operating ammonia refrigeration systems are easy targets for EPA under a number of environmental programs. Recent history suggests release reporting under Section 112(r) of the Clean Air Act (CAA) and under the...more

EPA Stays Landfill Methane Rules

by Williams Mullen on

EPA recently announced a 90-day stay for reconsideration of rules governing performance standards and emissions from Municipal Solid Waste (MSW) Landfills. The final rules issued in July 2016 established new source...more

Environmental Notes - July 2017

by Williams Mullen on

On June 1, 2017, President Trump announced that the United States will withdraw from the Paris climate agreement (“Paris Agreement”). The Paris Agreement was signed by 195 countries in December of 2015. The goal of the...more

EPA’s Issuance of a 90-Day Stay of the New Methane Rule Was Unlawful

On July 3, the U.S. Court of Appeals for the District of Columbia held, in a 2 to 1 decision, that the Environmental Protection Agency (EPA) lacked authority under the Clean Air Act (CAA) to issue a temporary stay of its new...more

Put Aside Global Warming and Consider Evidence That Air Pollution in the U.S. Harms Local Populations

by Burr & Forman on

Last Thursday, National Public Radio reported on a study published in the New England Journal of Medicine which offers evidence that air pollution continues to kill thousands in the United States every year. ...more

EPA Does Not Have a Non-Discretionary Duty to Assess the Impact of Clean Air Regulations on Employment

On June 29, 2017, the Court of Appeals for the 4th Circuit reversed a District Court decision and rejected the lawsuit by Murray Energy which argued that EPA had a non-discretionary duty under § 321(a) of the Clean Air Act...more

Environmental Groups and States Are Challenging EPA’s Stay of Oil and Gas Well Methane Rule

by Freeborn & Peters LLP on

Several environmental organizations have petitioned the D.C. Circuit Court of Appeals and moved to block EPA from implementing a 90-day administrative stay of the New Source Performance Standards covering methane emissions...more

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

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

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