News & Analysis as of

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 -

Revised MACT Standards Coming for 13 HAP Sources

by Williams Mullen on

The United States District Court for the District of Columbia recently ordered EPA to update the maximum achievable control technology (MACT) emission standards for 13 sources of hazardous air pollutants (HAPs). The order was...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

California Environmental Law & Policy Update - April 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Trump signs executive order to expand drilling off America’s coasts - Washington Post - Apr 28 - President Trump signed an executive order Friday that aims to expand offshore...more

California Environmental Law & Policy Update - April 2017

by Allen Matkins on

Environmental and Policy Focus - Appeals court upholds California’s cap-and-trade system - Sacramento Bee - Apr 6 - A state appeals court handed a major victory to California’s signature climate-change program on...more

California Environmental Law & Policy Update - March 2017 #5

by Allen Matkins on

Environmental and Policy Focus - Trump moves decisively to wipe out Obama’s climate-change record - Washington Post - Mar 28 - President Trump on Tuesday took the most significant step yet in obliterating...more

Court Orders EPA to Promulgate Air Toxics Standards: A Taste of What’s to Come?

On March 22, 2017, federal Judge Christopher Cooper ordered EPA to promulgate emissions standards for 13 sources of hazardous air pollutants by June 30, 2020. EPA admitted that it missed statutory deadlines to do so; the...more

Maine DEP Plans to Tighten Opacity Standards in Response to EPA SIP Call

by Pierce Atwood LLP on

You think maintaining compliance with opacity standards is a challenge now – just wait. As anyone who has started a campfire knows, opacity (the density of the smoke) tends to be high when starting and ending fuel burning,...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

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

EPA Report Addresses Voluntary Strategies for Reducing Air Pollution at U.S. Ports

by Robinson & Cole LLP on

As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more

EPA Issues “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports”

by Beveridge & Diamond PC on

On September 22, 2016, EPA issued a report titled “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports” (the “Assessment”).[1] According to EPA, the Assessment supports the goal of...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

CEMEX Settlement Bolsters EPA Air Enforcement Initiative

by Williams Mullen on

Earlier this year, EPA announced revised National Enforcement Initiatives (“NEIs”) beginning October 1, 2016 for fiscal years 2017-2019. Among other areas of concentration, EPA’s NEIs include the expansion of a previous air...more

EPA Rule Encouraging for Industrial Development in Several Georgia Counties

On September 6, 2016, the Environmental Protection Agency issued a final rule re-designating fourteen counties in Georgia from “non-attainment” to “unclassifiable/attainment” for particulate matter under the Clean Air Act....more

Clean Air Act Permit Challenges — New Rules On the Way

by McDermott Will & Emery on

In the United States, the federal Clean Air Act (CAA) requires all “major sources” of air pollution, such as power plants, refineries and other large industrial facilities, to obtain permits detailing the conditions under...more

D.C. Circuit Upholds Boiler MACT

by Williams Mullen on

If there’s any good news for industry in the recent 162-page decision issued by the United States Court of Appeals for the D.C. Circuit on the Boiler MACT, we can’t find it. The court rejected all challenges by industry...more

Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

by Williams Mullen on

A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more

EPA Issues Final Rules To Reduce Methane Emissions From MSW Landfills

by Williams Mullen on

Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

by Morrison & Foerster LLP on

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

Pierce Atwood Environmental Regulatory Compliance Calendar

by Pierce Atwood LLP on

Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...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

DC Circuit Upholds EPA’s CAA Rules Governing Industrial Boilers and Incinerators

On July 29, 2016, the U.S. Court of Appeals for the DC Circuit released a very longno (156 pages) opinion essentially upholding every regulatory decision made by the EPA in three major Clean Air Act (CAA) rulemakings: the...more

Chevron Deference Lives! EPA’s Boiler Rule (Mostly) Survives Review

On Friday, the D.C. Circuit largely upheld EPA’s Boiler MACT rule. The industry challenges were a complete washout. The environmental petitioners won one significant victory and a number of smaller ones....more

New EPA Air Emissions Rules Mean Greater Compliance Burden for Landfill Owners

by Beveridge & Diamond PC on

The United States Environmental Protection Agency (“EPA”) recently released two rules updating the regulation of air emissions from landfills. These rules enlarge the potential universe of landfills required to implement...more

California Environmental Law & Policy Update - July 2016 #5

by Allen Matkins on

Environmental and Policy Focus - State Supreme Court rules in state’s favor on Delta property rights - Sacramento Bee - Jul 21 - The California Supreme Court ruled last Thursday that the state has the right to...more

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