News & Analysis as of

Clean Air Act Vacated

Mintz - Energy & Sustainability Viewpoints

DC Circuit Vacates Trump Administration’s Affordable Clean Energy Rule

On January 19, 2021 the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) vacated the Affordable Clean Energy Rule (the “ACE Rule”), a policy instituted by the Environmental Protection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Ozone/Environmental Groups Citizen Suit Notice to U.S. Environmental Protection Agency: Arkansas Is One of Twenty...

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

Foley Hoag LLP - Environmental Law

The Other Shoe Drops on Upwind Ozone States

On Tuesday, the District of Columbia Court of Appeals vacated EPA’s “Close-Out Rule,” which basically concluded that upwind states contributing to exceedances of the National Ambient Air Quality Standard for ozone in downwind...more

Akin Gump Strauss Hauer & Feld LLP

Alive, for Now: D.C. Circuit Restores Obama-era Risk Management Plan Amendments

On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its...more

Akin Gump Strauss Hauer & Feld LLP

Stay or Go: D.C. Circuit Halts EPA’s Stay of Obama-era Risk Management Plan Amendments

On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more

Skadden, Arps, Slate, Meagher & Flom LLP

"D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"

In Sierra Club v. Environmental Protection Agency, 2013 U.S. App. LEXIS 1408 (D.C. Cir. Jan. 22, 2013), the District of Columbia Circuit Court of Appeals issued a decision that is likely to have a significant impact on...more

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