Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate...more
The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change...more
A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more
Last week, the Clean Air Scientific Advisory Committee formally transmitted its recommendations to EPA Administrator Regan regarding the PM2.5 NAAQS. Consistent with trade press reporting over the past few months, the...more
The Clean Air Scientific Advisory Committee (“CASAC”) sent a February 4th letter to the United States Environmental Protection Agency (“EPA”) addressing the following subject: CASAC Review of the EPA’s Policy Assessment for...more
I’ve written a lot about how the developing science around particulate exposure supports making the PM2.5 NAAQS more stringent. So it won’t come as a surprise that a new study published in the Proceedings of the National...more
I’ve frequently discussed in recent years the mounting evidence for the need to lower the National Ambient Air Quality Standard for PM2.5. There is also substantial evidence that PM exposure is an environmental justice issue....more
One thing that is clear from the 2020 election: the Senate will remain closely divided, with slim majority control to be determined by the two January Senate runoff races in Georgia. President Elect Biden has announced the...more
In April, I noted that researchers at the T.H. Chan Harvard School of Public Health had identified a relationship between PM-2.5 exposure and mortality from COVID-19. That study received some criticism, and it certainly did...more
On July 14, 2020, the D.C.. Circuit Court of Appeals granted New York’s petition appealing EPA’s rejection of New York’s request under Section 126 of the Clean Air Act to require emissions reductions from upwind states...more
The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard includes...more
Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...more
EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more
Not only has a new interstate pollution and allowance trading regime kicked in (effective Jan. 1), but the agency has announced that it will publish final carbon standards this summer for new and existing power plants and...more
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
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
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
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
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
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
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
In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more