News & Analysis as of

Pollution Control Clean Air Act

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

Lime Manufacturing Plants/NESHAP: National Lime Association Files Petition for Review before U.S. Court of Appeals for the D.C....

The National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s...more

Stoel Rives - Environmental Law Blog

Ohio v. EPA: SCOTUS Issues Stay in EPA’s Multi-State Air FIP

The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more

Epstein Becker & Green

Another Leak Confirmed and Other Important Decisions and Divisions Issued, but Not Loper or Trump - SCOTUS Today

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The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more

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

U.S. Environmental Protection Agency Model Year 2027/Vehicle Multi-Pollutant Emission Standards: American Petroleum...

The American Petroleum Institute, American Farm Bureau Federation, National Corn Growers Association, and a number of automobile dealerships filed a Petition for Review on June 13th challenging the United States Environmental...more

Verrill

Massachusetts Provides Extra Protection to Environmental Justice Communities from Air Pollution

Verrill on

In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more

Jones Day

EPA Finalizes Rules to Regulate Pollution from Fossil Fuel-Fired Power Plants

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On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more

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

Title V/Clean Air Act: National Association of Clean Air Agencies Comments on U.S. Environmental Protection Agency Proposed Rule...

The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more

Robinson+Cole Environmental Law +

EPA Turns Up the Pressure on Chemical Release Prevention and Preparation

On May 10, 2024, extensive revisions recently adopted by the Environmental Protection Agency (EPA) to the Risk Management Program (RMP) regulations (40 CFR Part 68) will take effect. The revisions, dubbed by EPA as the “Safer...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Technical Secretary's Order Addressing East Tennessee State...

The Tennessee Air Pollution Control Board ("Board") issued to East Tennessee State University ("East Tennessee State") on January 5th a document styled: Technical Secretary's Order and Assessment of Civil Penalty...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Gunnison County, Colorado, Coal Mine Permit

The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...more

Mayer Brown

Lawsuit Challenges Recent California Climate Disclosure Laws

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As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more

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

Fenceline Monitoring/Clean Air Act: Colorado Department of Public Health & Environment and Commerce City Refinery Enter into...

The Colorado Department of Public Health & Environment (“CDPHE”) issued a February 5th news release indicating it has entered into two settlement agreements with Suncor Energy (“Suncor”). The two agreements address a...more

Jones Day

EPA Proposes Regulations to Implement Methane Fee

Jones Day on

The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more

Mintz

Delaware Court Significantly Limits the State of Delaware's Climate Change Lawsuit Against Major Fossil Fuel Companies

Mintz on

On January 9, 2024, a Delaware state court judge issued his opinion on the various motions to dismiss filed in the case brought by the State of Delaware against the major fossil fuel companies. (This case is one of...more

Jones Day

EPA Proposes New Waste Combustion Emissions Limits Under the Clean Air Act

Jones Day on

Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...more

Troutman Pepper

And so It Begins…EPA Issues First Disapproval of Regional Haze Round Two

Troutman Pepper on

For anyone involved in the first round of the Clean Air Act regional haze program, the U.S. Environmental Protection Agency’s (EPA) action on the first business day of 2024 came as no surprise: EPA proposed to disapprove the...more

Goldberg Segalla

States Seek Smackdown of EPA’s Pollution Plan; Like a Good Neighbor, SCOTUS is There

Goldberg Segalla on

In February 2024, the U.S. Supreme Court will hear oral argument on various emergency stay applications addressing whether the U.S. Environmental Protection Agency can implement its “Good Neighbor Plan” (the Plan) to reduce...more

Williams Mullen

Environmental Notes - October 2023

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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

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Burns & Levinson LLP

Smoky Skies: We’re All In This Together

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We’ve become accustomed to weather-related and other natural disasters in recent years. The devastating impacts of record levels of cold, heat, drought, rainfall, tornadoes, hurricanes, and earthquakes fill up our daily news...more

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

Citizen Suit Enforcement/Clean Air Act: Clean Air Council Files U.S. District Court Action Against Monaca, Pennsylvania, Plastics...

The Clean Air Council filed a May 11th Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Pennsylvania against Shell Chemical Appalachia, LLC...more

King & Spalding

New Executive Order Doubles Down on Environmental Justice Focus and Brings New Concerns for Business

King & Spalding on

President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more

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

Particulate Matter/Clean Air Act National Ambient Air Quality Standard: National Association of Clean Air Agencies Comments on...

The National Association of Clean Air Agencies (“NACAA”) submitted March 28th comments to the United States Environmental Protection Agency (“EPA”) addressing its proposed rule to strengthen the National Ambient Air Quality...more

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

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