Environmental Protection Agency Air Pollution

The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human... more +
The U.S. Environmental Protection Agency is an agency of the United States federal government established in 1970 at the proposal of President Richard Nixon to combat environmental degradation and protect human health. As part of its mission, the EPA enforces regulations affecting a variety of environmental issues, including air and water quality, pesticide-use, fuel economy standards, and nuclear contamination.  less -
News & Analysis as of

The Fifth Circuit holds it lacks subject matter jurisdiction to hear petitions for review of Clean Air Act notices of violation

“Final actions” of the EPA under the Clean Air Act are subject to direct review by a United States Court of Appeals. 42 U.S.C. § 7607(b)(1). In a decision issued on July 3, 2014, in Luminant Generation Company, LLC v....more

Boiler Owners Must Submit Notification to EPA by July 19, 2014

In December 2012, the U.S. EPA finalized changes to its National Emission Standards for Hazardous Air Pollutants for Area Source Boilers at 40 C.F.R. Part 63, Subpart JJJJJJ. Under this regulation, owners or operators of...more

DC Circuit Strikes Down EPA “Aggregation” Policy for Regions Outside the Sixth Circuit

On May 30, 2014, the U.S. Court of Appeals for the District of Columbia Circuit nullified an EPA Directive that attempted to reassert its “functional interrelationship” standard for aggregating air pollution sources. This EPA...more

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more

EPA May Be Regulating GHGs, But Private Litigation Still Looks to be On Shaky Ground

In a case of interesting timing, three days after EPA announced its proposed GHG rules for existing facilities, the D.C. Circuit affirmed dismissal of a case seeking an injunction against EPA and other federal defendants...more

House Subcommittee To Review EPA Emissions Plan

The House Energy & Commerce Committee’s Subcommittee on Energy and Power announced that it will hold a hearing to review the Environmental Protection Agency’s proposal to regulate carbon dioxide emissions from existing power...more

EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program

We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more

EPA Approves Maricopa County’s Five Percent Dust Plan

On May 30, 2014, the United States Environmental Protection Agency (EPA) approved Maricopa County’s proposed plan to meet federal air quality standards for particulate matter measuring ten microns or less (i.e., dust), known...more

Air Quality Law Alert: EPA Unveils Sweeping New CO2 Rules

Yesterday, EPA Administrator Gina McCarthy announced two new rules that will ultimately result in the application of carbon dioxide (CO2) standards to existing power plants. The first rule was proposed under Section 111(d) of...more

EPA proposes carbon goals for power plants

The U.S. Environmental Protection Agency has proposed its plan to reduce carbon emissions from the nation's power plants by 30% below 2005 levels. Formally known as "Carbon Pollution Emission Guidelines for Existing...more

D.C. Circuit Defers to US Environmental Protection Agency's Decision to Retain Existing Acid Rain Standards In Light of Scientific...

On May 27, 2014 the D.C. Circuit upheld the United States Environmental Protection Agency's (EPA) decision to retain its existing air quality standards for nitrogen dioxide (NO2) and sulfur dioxide (SO2) which address the...more

EPA’s Next Generation Compliance Initiative – The Agency’s Latest Proposed Rule for Refineries Shows the Initiative in Action and...

The U.S. Environmental Protection Agency (EPA) recently released a proposed rule that illustrates several of the agency’s Next Generation Compliance ideas in action. The proposed rule concerns hazardous air pollutant (HAP)...more

EPA Up 3-0 in Clean Air Cases: What it Means for Greenhouse Gas Regulations

The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more

Texas Environmental Update

Gunnison Sage Grouse Continues Its Wobbly Path Toward Listing Energy Legal Blog, May 14, 2014 - Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act...more

Environmental Alert: "EPA Proposes Further Controls for Refinery Emissions"

On May 15, 2014, EPA issued a proposed rule that would add additional emission control requirements for storage tanks, flares, and coking units at petroleum refineries. The proposal would also require additional fence line...more

Panel Holds Agencies Can Deny Rulemaking Petitions Based On Timing And Budget

This week, a unanimous three-judge panel of the D.C. Circuit held that the EPA reasonably denied a petition to initiate rulemaking that would have considered whether to include coal mines on the list of stationary air...more

Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute" [Video]

May 15, 2014 -- David Schoenbrod, professor at New York Law School, talks about the recent ruling at the United States Supreme Court preserving the Environmental Protection Agency's power to regulate power plant pollution...more

Federal Court Of Appeals Strikes Down A Portion Of The EPA’s Rule Limiting A Court’s Authority For Imposing Civil Fines For...

Federal Court of Appeals strikes down a portion of the EPA’s rule limiting a Court’s authority for imposing civil fines for equipment failures. While upholding portions of EPA’s new rules for air toxic emissions for cement...more

US Supreme Court Upholds Cross State Air Pollution Rules

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

EPA Knows Which Way The Wind Blows

The immediate impact of the U.S. Supreme Court's decision in EPA v. EME Homer City Generation LP, 2014 DJDAR (April 29, 5327), is that most power plants in the eastern half of the U.S. will face tighter limits on air...more

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

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

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

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

SCOTUS Upholds EPA's Good Neighbor Provision, To Relief of Downwind States

National Ambient Air Quality Standards, or NAAQS, can be hard enough for states to attain given the sources of air pollution within their own borders. But add cross-boundary air pollution from upwind states to the mix, and...more

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

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

Supreme Court Issues Landmark Clean Air Act Ruling, Revives Cross-State Air Pollution Rule

On April 29, 2014, in a very significant 6-2 decision, the U.S. Supreme Court affirmed EPA’s Cross-State Air Pollution Rule (CSAPR or the Rule), overturning a 2012 D.C. Circuit Court of Appeals decision invalidating the Rule....more

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