National Ambient Air Quality Standards

News & Analysis as of

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more

D.C. Circuit Grants Rehearing in Clean Air Act Case

On December 11, a D.C. Circuit panel (Tatel, Brown, Griffith) granted in part environmental and state petitions for rehearing in Mississippi v. EPA (Nos. 08-1200 et al.), revising key language describing the court’s review of...more

Mississippi v. EPA: Support of the Clean Air Science Advisory Committee is Not Necessary to Affirm EPA’s NAAQS

On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA’s 2008 NAAQS for ozone of 0.075 ppm. However, it remanded EPA’s decision to set the secondary NAAQS, for public welfare, at the same...more

Environmental Alert – Court Remands EPA Secondary Ozone Standard

Today, July 23, 2013, the Court of Appeals for the D.C. Circuit rendered a decision in Mississippi v. EPA, No. 08-1200, an appeal brought by several states, the District of Columbia, New York City, and several industry, and...more

Section 126 of the Clean Air Act and Cooperative Federalism: EPA May Cooperate with the Downwind State Rather than the Upwind...

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under § 126 of the Clean Air Act, EPA may issue a rule imposing emission limits on a source in the...more

REGULATORY: Environmental: U.S. Supreme Court Agrees to Review Interstate Air Pollution Rules

The U.S. Supreme Court will give the Environmental Protection Agency another chance to justify its rule targeting interstate air pollution. On June 24, 2013, the Court agreed to take up this issue by reviewing a case from the...more

EPA Permitting Regulations Vacated—Project Delays Expected

The recent decision in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013) vacated all of EPA’s rules on Significant Monitoring Concentrations (“SMCs”), as well as some (the Prevention of Significant Deterioration (“PSD”)...more

DC Circuit Remands PM2.5 Implementation Rules to EPA

On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit held in Natural Resources Defense Council v. EPA, No. 08-1250, that the U.S. Environmental Protection Agency (EPA) had improperly promulgated...more

More Than Four Years Later, the Bush EPA Is Still Losing Court Decisions

On Friday, the Court of Appeals for the District of Columbia Circuit rejected EPA’s approach to implementation of the PM2.5 NAAQS. The fine particulate NAAQS was first published in 1997, and EPA issued implementation rules...more

EPA Tightens Air Quality Standards for Fine Particles

Revised ambient air quality standard could require more stringent control of fine particulate matter emissions. On December 14, the U.S. Environmental Protection Agency (EPA) finalized its rule tightening the National...more

Yawn: EPA Promulgates New Fine Particulate Standard

On Friday, EPA announced promulgation of its revised fine particulate, or PM2.5, NAAQS. Why am I yawning? Let me count the ways...more

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