National Ambient Air Quality Standards

News & Analysis as of

Capital Thinking: Environment and Natural Resources

REGULATORY ACTIVITY - EPA APPROVES NEW MEASUREMENTS FOR OZONE - In significant news for entities attempting to maintain or attain the National Ambient Air Quality Standards (NAAQSs), the Environmental Protection...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 Regulation of Power Plant Carbon Dioxide Emissions: Draft Rule for Existing Power Plants Released

On June 2, 2014, the Environmental Protection Agency (EPA) released a draft of its proposed rule that will, for the first time, limit carbon dioxide (CO2) emissions at existing fossil-fuel fired electric utility generating...more

Environmental Alert: "DC Circuit Says EPA Can Delay Acid Rain Rules, but Vacates EPA’s Inconsistent Aggregation Policy"

The US Court of Appeals for the District of Columbia Circuit (DC Circuit) issued two important air quality decisions during the last week of May. In both cases, the position supported by industry prevailed....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

Top Region 7 attorney details EPA’s biggest enforcement, compliance priorities

The Environmental Protection Agency (EPA) took a major budget cut last year and is facing the same this year. But the agency is using creative settlement agreements, community projects, and some new high-tech tools to...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

Coming To An Air Quality District Near You: A More Stringent Ozone NAAQS

As we have noted previously, EPA has had difficulty in promulgating a revised National Ambient Air Quality Standard for ozone. Whenever the revised NAAQS is issued – and EPA is under court deadline to propose a draft by...more

D.C. Circuit Rejects Another Clean Air Act Challenge, Upholds Fine Particulate Standard

The D.C. Circuit added to federal air quality regulators’ winning streak on Friday, upholding a 2013 rule that revises air quality standards for fine particulate matter. The rule lowers the National Ambient Air Quality...more

EPA On Track to Regulate Fine Particulates More Stringently: D.C. Circuit Affirms Revised PM 2.5 NAAQS

EPA’s judicial winning streak continues. Today, the D.C. Circuit Court of Appeals affirmed EPA’s regulations lowering the PM 2.5 National Ambient Air Quality Standard from 15.0 ug/m3 to 12.0 ug/m3. This was not a close case...more

The U.S. Supreme Court Upholds EPA’s Cross-State Air Pollution Rule in EPA v. EME Homer City Generation, L.P., Paving the Way to...

On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule

On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“EPA”) Cross-State Air Pollution Rule (“CSAPR”). EPA v. EME Homer City Generation, L.P., No. 12-1182. In a 6-2 decision,...more

EARL e-News: Supreme Court Reinstates EPA's Cross-State Air Pollution Rule

Updates on Environmental, Administrative and Regulatory Law - On April 29th, the United States Supreme Court upheld EPA’s Cross-State Air Pollution Rule (CSAPR) regulations and reversed the 2012 decision by the U.S....more

The Supreme Court Ok’s CSAPR, but Implementation Remains Stalled

The Clean Air Act of 1970 (CAA) requires that states be “Good Neighbors” and regulate their in-state sources of pollution so that those sources do not “contribute significantly” to pollution in other states downwind. ...more

Business Implications under U.S. Supreme Court’s Affirmance of EPA’s Transport Rule

The Supreme Court Decision - On April 29, 2014, the U.S. Supreme Court, in a 6-2 decision, upheld a U.S. Environmental Protection Agency's (EPA) regulation that seeks to lower cross-state air pollution. (EPA v. EME Homer...more

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

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