News & Analysis as of

Environmental Policies Clean Air Act

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

Environmental deregulation under President Trump: Business as usual?

by Thompson Coburn LLP on

The Trump Administration is expected to issue a high-profile executive order that seeks to eliminate a major Obama-era environmental measure, the Clean Power Plan....more

Reducing Ozone Regulation Costs Under the New Administration

by Latham & Watkins LLP on

New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

"Legislative, Regulatory and Judicial Challenges to the 2015 Ozone National Ambient Air Quality Standards"

President Donald Trump has expressed a strong opposition to many federal environmental regulatory programs and the work of the Environmental Protection Agency (EPA) during Barack Obama's presidency. His nominee for EPA...more

Buckle-Up, Uncertainty Paves a Bumpy Road Ahead: Environmental Regulation Under the Trump Administration

Sutherland attorneys are closely watching the developments concerning changes to environmental regulation under President Trump. This article begins a series of communications with our clients on developments of particular...more

EPA Issues Final Determination That No Adjustments to GHG Standards for Model Years 2022-2025 Will Be Made, but Questions Remain

by Morrison & Foerster LLP on

On January 12, the U.S. Environmental Protection Agency (EPA) finalized its determination not to change greenhouse gas (GHG) emission standards for cars and light trucks manufactured in model years (MYs) 2022-2025. This...more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - - Program Requirement Revisions Related to the Public Water System Supervision Programs for Massachusetts, Rhode Island, and Vermont - EPA is giving notice that...more

December 2016: Energy Litigation Update

Update on Clean Power Plan. In August 2015, the Environmental Protection Agency (“EPA”) finalized a new set of standards, now known as the Clean Power Plan (the “Plan”), aimed at reducing carbon emissions from fossil-fuel...more

EPA Proposes To Tighten MACT Limits For Kraft Mills

by Pierce Atwood LLP on

On December 14, 2016, EPA signed its proposed Kraft Pulp Residual Risk and Technology Review rule covering 40 C.F.R. Part 63, Subpart MM (a.k.a. “MACT II”) for recovery furnaces, lime kilns and smelt dissolving tanks at kraft...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

by Dentons on

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

California Environmental Law & Policy Update - September 2016

by Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

by Nossaman LLP on

On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue...more

EPA Determines that Aircraft Emissions Contribute to Air Pollution and Climate Change

by Seyfarth Shaw LLP on

Synopsis: EPA’s recent finding paves the way for the Agency to develop standards regulating greenhouse gas emissions from aircraft. Businesses in the commercial jet manufacturing and aviation transportation industry should...more

Ploughing the Same Furrow: EPA Proposes 2017 Renewable Fuel Volumes Using the Methodology From its Previous Rule

by Dorsey & Whitney LLP on

On May 31, 2016, the Environmental Protection Agency (EPA) published in the Federal Register its proposed 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the...more

EPA Proposes Significant Expansions of Its Risk Management/Accidental Release Prevention Program

by Robinson & Cole LLP on

On March 14, 2016, The Environmental Protection Agency (EPA) published proposed revisionsto the Risk Management Program (RMP) (also known as Accidental Release Prevention) rule at 40 CFR Part 68, under Section 112(r) of the...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Despite stalling recently over a debate on how to respond to the Flint water crisis, the Senate bipartisan energy bill is still alive and could see action as soon as next week provided that...more

Will the Next Supreme Court Justice Reshape Environmental Law?

by Nossaman LLP on

Yes, no, maybe so. With the passing of Justice Antonin Scalia, many have already started to prognosticate about the sea change that will inevitably follow. While it is certainly possible that such a sea change will come to...more

The Paris Agreement on Climate Change Charts a Long-Term Plan for International Greenhouse Gas Emission Reductions

by Ballard Spahr LLP on

On December 12, the United States and other Parties to the United Nations Framework Convention on Climate Change (UNFCCC) signed the historic Paris Agreement at the 21st Conference of the Parties. We expect the Agreement to...more

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

by Kelley Drye & Warren LLP on

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...more

Clean Power Plan Formally Published – Full Steam Ahead for Challengers!

by Davis Wright Tremaine LLP on

The U.S. EPA formally published the final version of the Obama Administration’s Clean Power Plan on Friday, October 23, an action which starts a 60 day period within which to challenge the rule. On the same day, 26 challenges...more

Clean Power Plan: EPA Provides Guidance on Initial Submittals and Extension Process

by Holland & Knight LLP on

The Environmental Protection Agency's (EPA) Office of Air Quality Planning and Standards has issued a memorandum providing direction to the states interested in seeking a two-year extension of time in which to develop and...more

Compliance at the Tipping Point, Part III – The VW Emissions-Testing Scandal

by Thomas Fox on

I continue my series on why I believe that compliance is at the ‘Tipping Point’ with a discussion of the Volkswagen (VW) emissions-testing scandal and its effect on the greater compliance world. Myself and many other...more

EPA Releases Revised Ozone NAAQS

by BakerHostetler on

On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more

EPA Finalizes Tougher Ozone Standards

by 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

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