News & Analysis as of

National Emissions Standards

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Proposed Oregon Department of Environmental Quality Order Addressing Portland Autobody Paint Operation

The Oregon Department of Environmental Quality (“ODEQ”) issued a June 25th Notice of Civil Penalty Assessment and Order (“Order”) to Crash Champions, LLC (“CC”) addressing an alleged violation of certain Oregon air...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Osceola Cellulose Food...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Viskase Companies, Inc. (“VCI”) entered into a May 6th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Project Emissions Counting/Clean Air Act: Waste-to-Energy Association Comments on U.S. Environmental Protection Agency's Proposed...

The Waste-to-Energy Association  (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more

Goldberg Segalla

Won’t You Be My [Non-Emitting] Neighbor? SCOTUS Stays EPA’s Federal Emissions Plan for States

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Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Source Performance Standards/National Emission Standards for Hazardous Air Pollutants: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more

Jones Day

D.C. Circuit Court of Appeals Rejects Challenge to California's Limits on Automotive Greenhouse Gas Emissions

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In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more

Troutman Pepper

Virginia Governor and AG Announce Withdrawal From California-Based EV Mandate

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Last week, Virginia Governor Glenn Youngkin announced that, effective January 1, 2025, Virginia will exit a California-led electric vehicle (EV) mandate and will instead comply with less stringent federal guidelines. The...more

Jones Day

Vermont Law Requires Energy Companies to Pay for Climate Change Damage

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Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more

Troutman Pepper

California Spearheads Multistate Effort to Defend EPA’s Stringent Emissions Standards for Heavy-Duty Vehicles

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California Attorney General (AG) Rob Bonta is leading a coalition of 22 Democratic states and the District of Columbia, to defend the Environmental Protection Agency’s (EPA) rule that sets stringent greenhouse gas emissions...more

Troutman Pepper

Nebraska Attorney General Leads Multi-State Coalitions to Challenge Electric Truck Mandates

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Nebraska Attorney General (AG) Mike Hilgers is leading multi-state coalitions in two lawsuits aimed at challenging the Biden Administration and the State of California’s electric vehicle mandates on truck owners and operators...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Tire Manufacturing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Goodyear Tire & Rubber Company (“Goodyear”) entered into a May 13th Consent Administrative Order (“CAO”) addressing an...more

Foley & Lardner LLP

Foley Automotive Update - May 2024

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This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley & Lardner provided an overview of recent state and federal...more

Mintz

EU Imposes ESG Compliance Requirements for Companies' Supply Chains

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The European Parliament has now approved the “Corporate Sustainability Due Diligence Directive,” which will apply to both EU companies and to non-EU companies doing business in the European Union. (There is a phased...more

Foley & Lardner LLP

The Rubber Meets the Road on State and Federal Vehicle Emissions Strategies

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March and April have been busy months for vehicle emission regulation in the U.S. On March 20 and March 29 respectively, the U.S. Environmental Protection Agency (U.S. EPA) issued a set of final emission rules setting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stationary Combustion Turbines/NESHAP: U.S. Environmental Protection Agency Denial of Petition to Delist

The United States Environmental Protection Agency (“EPA”) issued a final denial of a petition requesting removal of the Stationary Combustion Turbines source categories from the list of categories of major sources of Clean...more

Goldberg Segalla

Appeals Court Rules Californi-missions Standards Can Stay High

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It all started in the early 40’s, when the smog was so bad in California that visibility was measured in city blocks, and people suffered from nausea, stinging eyes, and difficulty breathing. By the 50’s, the California...more

Jones Day

EPA Finalizes New Emission Standards for Heavy-Duty Vehicles

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The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - April 2024

Good afternoon! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Pillsbury Winthrop Shaw Pittman LLP

SEC’s Climate Disclosure Rules Could Collide with California’s Laws

The SEC’s new climate regulations generate uncertainty for companies that must comply with both the SEC’s and California’s climate-related disclosure requirements. On March 6, 2024, the U.S. Securities and Exchange...more

White & Case LLP

EPA Finalizes New Vehicle Emission Limits for CO2 and Other Pollutants

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The new emission limits apply to new passenger cars, light trucks and large pickups and vans, and set increasingly stringent fleet-wide emission limits covering carbon dioxide and other pollutants for Model Years 2027-2032....more

Jenner & Block

EPA Issues Stringent Emissions Standards for Light- and Medium-Duty Vehicles

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On March 20, 2024, EPA announced new emissions standards for light-duty and medium-duty vehicles, starting with model year (“MY”) 2027 and phasing in through MY 2032. The new standards require reductions in emissions of...more

Knobbe Martens

New Ethylene Oxide Regulations may Raise Cost of Sterilization

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Last week, the Environmental Protection Agency (EPA) announced new regulations to reduce ethylene oxide emissions. According to the EPA’s press release, the new regulations are “the strongest measures in U.S. history to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Congressional Query to U.S. Environmental Protection Agency Administrator Addressing Five Rules: February 14th Letter From U.S....

The Chairman of the United States House of Representatives Committee on Small Business (“Committee”) sent a February 14th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael S. Reagan...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Start Up/Shut Down/Malfunction/Clean Air Act: U.S. Court of Appeals for the D.C. Circuit Addresses U.S. Environmental Protection...

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

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