Environmental Protection Agency Clean Air Act

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

Stop the Presses! EPA Still Thinks that the MATS Rule Is a Good Idea

Last week, EPA issued its “Supplemental Finding”, confirming that it still believes that its Mercury and Air Toxics Standards are “appropriate and necessary.” I don’t have much to add to our post at the time of the proposed...more

Environmental Groups Sue Over Aircraft Emissions Rulemaking

The Center for Biological Diversity and Friends of the Earth have filed a lawsuit against the U.S. Environmental Protection Agency (“EPA”) seeking to compel the Agency to issue regulations limiting greenhouse gas emissions...more

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2016

EPA Issues SNUR For TCE: On April 8, 2016, the U.S. Environmental Protection Agency (EPA) issued a final Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) for trichloroethylene (TCE). 81 Fed. Reg....more

EPA Continues to Dismantle Clean Air Act Affirmative Defenses — Blame It On the Judge(s)

On Wednesday, EPA published certain amendments to the Mercury and Air Toxics Standards in the Federal Register. EPA describes most of the changes as “technical corrections,” but there is one important substantive change. ...more

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

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

The EPA Gets a First Big Win at the Supreme Court in the Post-Scalia Era

On March 3, 2016 the Supreme Court denied an application by Michigan Attorney General Bill Schuette and several other states for a stay of the Environmental Protection Agency’s Mercury and Air Toxics Standards (“MATS”) – a...more

Environmental and Energy: Proposed EPA Revisions to RMP Rule Could Increase Burden on Chemical Facilities (3/16)

On March 14, 2016, the United States Environmental Protection Agency (EPA) issued proposed revisions to EPA’s Risk Management Program or "RMP" regulations under §112(r) of the Clean Air Act. EPA’s proposal is intended to...more

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

CSAPR > BART: The Eighth Circuit Affirms Minnesota’s Regional Haze Plan

Environmental lawyers live for acronyms. Why is CSAPR > BART? Because EPA determined that, on net, EPA’s Transport Rule is “better than BART,” meaning that compliance with the Transport Rule yields greater progress towards...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

EPA Issues Proposal to Amend RMP Rule

The U.S. Environmental Protection Agency (EPA) has released a long awaited proposal to update the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section 112(r)(7) risk management...more

EPA Solicits Comments on Next Steps Toward Designating Regions Needing Stricter Controls of Sulfur Dioxide Air Emissions

The U.S. Environmental Protection Agency (EPA) is requesting comment by March 31, 2016, on its intention to designate previously uncharacterized areas of the country with particularly large sources of sulfur dioxide (SO2)...more

The Fight to Stop the EPA’s “Clean Power Plan” Continues in the D.C. Circuit, Amid an Uncertain Future for Its Presumed Ultimate...

On February 19, 2016, 27 states, the United States Chamber of Commerce, and over 150 different organizations and entities (the “Petitioners”) filed their joint Opening Brief on Core Legal Issues (the “Opening Brief”), related...more

Proposed Rule Adding Vapor Intrusion Component to Hazard Ranking System Published in the Federal Register Today

Yesterday the U.S. Environmental Protection Agency published a proposed rule in the Federal Register which would add a vapor intrusion component to the Hazard Ranking System, the system EPA uses to evaluate sites for...more

NSR Enforcement Staggers On: A Split Decision in Missouri

Given EPA’s recent run of defeats in its NSR enforcement initiative, it’s probably breathing a sigh of relief over last week’s decision in United States v. Ameren Missouri, regarding Ameren’s Rush Island coal-fired power...more

In Cooperative Federalism, Who Gets Deference, EPA or the States? Can you say “Federal Supremacy”?

Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more

Heads Up Regarding EPA Region 1/New England Enforcement Priorities

At a recent Boston Bar Association meeting, EPA Region I/New England gave a presentation regarding its enforcement priorities.  Heads Up! Although EPA’s presentation identified its fiscal year 2015 (October 1, 2014 –...more

Risky Business: EPA Plans Enhanced Enforcement Focus on Chemical Safety

EPA has made reducing the risk of accidental releases of hazardous chemicals at industrial and chemical facilities one of its top enforcement priorities for 2017 to 2019. This increased enforcement focus on industrial...more

U.S. Supreme Court Challenges EPA and Weighs into the Climate Change Debate --- Observations and Implications

In a potential blow to EPA and President Barack Obama’s legacy on climate change (that was softened with Supreme Court Justice’s passing on February 13, 2015) the U.S. Supreme Court --in an unprecedented and extraordinary...more

Aircraft Emissions Controls Due for Adoption, But Potential Court Challenges Loom

In our September 2014 Alert, we advised that that U.S. Environmental Protection Agency (“EPA”), under pressure from non-governmental organizations (“NGOs”), planned to issue a Clean Air Act Section 231 “endangerment finding”...more

Something in the Air at the EPA: The McGuireWoods 2016 Clean Air Act (P)review

Even in this election year, the Obama administration is moving forward with its Clean Air Act (CAA) agenda. While the Environmental Protection Agency’s (EPA’s) final Clean Air Act 111(d) rule for cutting greenhouse gas...more

Supreme Court Blocks Clean Power Plan, But Scalia’s Death Changes Outlook on Ultimate Fate

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Obama's Clean Power Plan Rule Halted By SCOTUS

On February 9, 2016, the Supreme Court of the United States (SCOTUS) took an unprecedented step by halting the implementation of the Obama Administration's federal regulation to control carbon dioxide emissions, generally...more

Republican Lawmaker Wants to Revoke EPA’s New Authority to Regulate Greenhouse Gases

On February 1st, I published an editorial arguing that the U.S. Environmental Protection Agency should use an obscure provision of the Clean Air Act to broadly regulate greenhouse gas emissions. This provision, Section 115,...more

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