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Cross-State Air Pollution Environmental Protection Agency (EPA)

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - March 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past two weeks and forthcoming climate-related events and...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

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The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Dorsey & Whitney LLP

The Supreme Court Update - December 21, 2023

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On December 20, 2023, the Supreme Court of the United States agreed to hear oral argument in four consolidated cases: Ohio, et al. v. EPA, et al.; Kinder Morgan, Inc., et al. v. EPA, et al.; American Forest & Paper...more

Goldberg Segalla

States Seek Smackdown of EPA’s Pollution Plan; Like a Good Neighbor, SCOTUS is There

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In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce...more

Williams Mullen

Recap from the Trenches: Reactions to EPA’s 2023 Big Air Agenda

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The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change...more

Troutman Pepper

Air & Climate Report: April 2022

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With spring finally arriving, the long-expected avalanche of EPA activity on air issues has also arrived. In this second year of the Biden administration, following the pattern of prior administrations, we are starting to see...more

Foley & Lardner LLP

A New Agenda: Significant Changes in U.S. Environmental Policy Are Expected in 2021

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Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more

Williams Mullen

What’s the Fuss for NOx Sources in Upwind States?

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Congress addressed the issue of interstate transport of air pollution in the Clean Air Act by enacting a “Good Neighbor Provision.” That provision requires upwind states to eliminate their contributions to air pollution in...more

Bracewell LLP

2020 Post-Election Analysis: Issue by Issue

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FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...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

CSAPR is Better Than BART

On March 20, 2018, the D.C. Circuit Court of Appeals rejected environmental and state/industry challenges to EPA’s Regional Haze Rule. In essence, the ruling confirms that EPA was reasonable in determining that compliance...more

Maynard Nexsen

Updates on Environmental, Administrative and Regulatory Law: EPA's Proposed Cross-State Air Pollution Update Rule

Maynard Nexsen on

On November 16th, EPA proposed an “update” to its Cross-State Air Pollution Rule (CSAPR) ozone season requirements. Starting in 2017, the proposal is intended to reduce summertime emissions of nitrogen oxides (NOx) from power...more

Jackson Walker

EPA Finalizes Tougher Ozone Standards

Jackson Walker on

On October 1, 2015, the U.S. Environmental Protection Agency (EPA) released its final rule lowering the ozone National Ambient Air Quality Standards (NAAQS) from 75 parts per billion (ppb) to 70 ppb nationwide (2015 Ozone...more

Eversheds Sutherland (US) LLP

EPA Ordered to Revise CSAPR Emissions Budgets

On July 28, the U.S. Court of Appeals for the D.C. Circuit ordered the U.S. Environmental Protection Agency (EPA) to revise emissions budgets for several states under the agency’s Cross-State Air Pollution Rule (CSAPR or the...more

McGuireWoods LLP

Year in Preview: 2015 Heralds Big Changes Under the Clean Air Act

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Not only has a new interstate pollution and allowance trading regime kicked in (effective Jan. 1), but the agency has announced that it will publish final carbon standards this summer for new and existing power plants and...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Roundup: Recent Environmental Law Rulings and Pending Cases

Scaling back considerably from the October 2012 Term, the United States Supreme Court issued only a few rulings affecting environmental law during the October 2013 Term. With significant pronouncements regarding EPA’s Clean...more

Burr & Forman

Supreme Court Upholds EPA Rule Limiting Cross-State Pollution

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The Supreme Court handed the Obama administration a victory on Tuesday, April 29, 2014, when it injected new life into an Environmental Protection Agency rule targeting air pollution that drifts across state borders....more

Cadwalader, Wickersham & Taft LLP

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). EPA v. EME Homer City Generation, L.P., No. 12-1182. In a 6-2 decision,...more

Maynard Nexsen

EARL e-News: Supreme Court Reinstates EPA's Cross-State Air Pollution Rule

Maynard Nexsen on

Updates on Environmental, Administrative and Regulatory Law - On April 29th, the United States Supreme Court upheld EPA’s Cross-State Air Pollution Rule (CSAPR) regulations and reversed the 2012 decision by the U.S....more

Akin Gump Strauss Hauer & Feld LLP

The Supreme Court Ok’s CSAPR, but Implementation Remains Stalled

The Clean Air Act of 1970 (CAA) requires that states be “Good Neighbors” and regulate their in-state sources of pollution so that those sources do not “contribute significantly” to pollution in other states downwind. ...more

Adams and Reese LLP

US Supreme Court Upholds Cross State Air Pollution Rules

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The US Supreme Court issued a strong 6-2 ruling on April 29, 2014 which upheld proposed EPA regulations to regulate air pollution that crosses state boundaries under the Clean Air Act known as the “Cross-State Air Pollution...more

Bergeson & Campbell, P.C.

Supreme Court Reinstates EPA’s Cross-State Air Pollution Rule

On April 29, 2014, in a 6-2 ruling, the U.S. Supreme Court upheld EPA's view in EPA v. EME Homer City Generation L.P., U.S. Nos. 12-1182 and 12-1183. The opinion is available online. The decision reverses a 2012 ruling...more

BakerHostetler

Supreme Court Affirms Cross-State Air Pollution Rule, Reversing D.C. Circuit

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One of the long-running questions in the administration of the Clean Air Act is the extent to which EPA can implement the Act through market-based mechanisms, such as cap-and-trade programs. Yesterday, the Supreme Court...more

K&L Gates LLP

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

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Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

Bracewell LLP

Supreme Court Upholds EPA's Cross State Air Pollution Rule (CSAPR)

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In a 6-2 decision, the United States Supreme Court upheld EPA's justification for the Cross State Air Pollution Rule (CSAPR), breathing life back into the rule that had been vacated by the DC Circuit. The Court made several...more

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