Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more
On August 4, 2023, the United States Environmental Protection Agency’s (U.S. EPA) “Good Neighbor Plan (GNP)” went into effect, requiring power plants and certain industrial facilities to implement emissions reductions through...more
Pop quiz: What is the naturally occurring gas that forms a life-sustaining, protective barrier when in the Earth’s stratosphere (15-30km above the surface), blocking harmful ultra-violet radiation reaching the planet from the...more
The United States Environmental Protection Agency (“EPA”) announced it is initiating a new review of the Ozone National Ambient Air Quality Standard (“NAAQS”). EPA states it is taking this action based on advice provided...more
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
The White House Environmental Justice Advisory Council recently weighed in on EPA’s decision whether to lower the National Ambient Air Quality Standards for PM2.5 and ozone. Specifically, with respect to PM2.5, WHEJAC...more
Last week, the EPA Clean Air Science Advisory Committee provided EPA its review of EPA’s Policy Assessment for the Reconsideration of the National Ambient Air Quality Standard for ozone. As expected, CASAC has disagreed with...more
The United States Environmental Protection Agency (“EPA”) Clean Air Scientific Advisory Committee (“CASAC”) transmitted a June 9th letter to Administrator Michael S. Regan addressing: CASAC Review of the EPA’s Policy...more
The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an Order on April 25th denying the United States Environmental Protection Agency’s (“EPA”) Motion to Transfer the State of Arkansas’s petition...more
The U.S. Environmental Protection Agency (EPA) finalized its plan under the Clean Air Act’s “good neighbor” provision (the “Plan”) on March 15, 2023. The Plan requires 23 states to reduce their air pollution that...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) submitted a March 21st document to the United States Environmental Protection Agency (“EPA”) regarding the federal agency’s prior...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent. Apparently,...more
On March 15, 2023, EPA finalized its Good Neighbor Plan under the Clean Air Act (“CAA”), a rule designed to reduce smog-forming nitrogen oxide ("NOx") pollution from power plants and other industrial facilities in 23 upwind...more
The United States Environmental Protection Agency (“EPA”) issued a March 15th prepublication final rule imposing a Federal Implementation Plan (“FIP”) regarding interstate transport for the 2015 8-hour National Ambient Air...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) submitted on June 21st comprehensive comments on the United States Environmental Protection Agency (“EPA”) proposed rule: ...more
EPA’s latest proposed rule targeting NOx emissions from fossil-fueled electric generating units (EGUs) is a classic study of diminishing returns. It marks the seventh round of NOx controls for the EGU sector since 1990. The...more
EPA proposed a transformative rule to address the obligations of 26 states for the 2015 Ozone National Ambient Air Quality Standards (2015 Ozone NAAQS). The rule is a federal implementation plan (FIP) rooted in the Clean Air...more
The Environmental Protection Agency (EPA) recently proposed a Federal Implementation Plan (FIP) that has important implications for powerplants and other industrial nitrogen oxide (NOx) sources in the Western United States,...more
On Friday Jan. 29, 2021, the United States Court of Appeals for the D.C. Circuit in Sierra Club v. EPA, Case No. 15-1465, struck down several provisions in EPA’s 2018 rule implementing the 2008 National Ambient Air Quality...more
The United States Environmental Protection Agency (“EPA”) issued a final rule retaining the current National Ambient Air Quality Standard (“NAAQS”). This leaves in place the ozone NAAQS that was promulgated during the...more
The Northeast States for Coordinated Air Use Management (“NESCAUM”) submitted October 1st comments on the United States Environmental Protection Agency’s (“EPA”) proposal titled: Review of the Ozone National Ambient Air...more
Air - Public Comment Request - 2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program - Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure...more