News & Analysis as of

PSD

Financial Regulatory Agenda for 2017 and onwards

by DLA Piper on

We bring to you the Financial Regulatory Agenda for 2017 and onwards in the Netherlands and in Europe. Download and keep up to date with the most important dates. Please see full Calendar below for more information....more

Hogan Lovells Global Payments Newsletter - February 2017

by Hogan Lovells on

Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as...more

Orrick's Financial Industry Week In Review

Financial Industry Developments - 2016 Data Breach Legislation Roundup: What to Know Going Forward - States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let's take...more

EPA Wins Another Round In PSD Litigation: More Evidence that the Program Is Flawed.

Last Monday, in a comprehensive, 189-page opinion, Judge Rodney Sippel ruled that Ameren Missouri had violated EPA’s PSD regulations by failing to get permits for upgrades in 2007 and 2010 at its Rush Island facility. As I...more

EPA Proposes To Establish Minor New Source Review Requirements And To Disapprove Severable Portions Of SIPs

by Bergeson & Campbell, P.C. on

On January 11, 2016, EPA published a Proposed Rule in the Federal Register proposing to establish Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and to disapprove severable portions of the...more

EP updates on PSD2

by Dentons on

EP has updated its procedure file on the revised Payment Services Directive (PSD2). The plenary session for its debate and vote is forecast for 6 October....more

The Second Payment Services Directive - Political Agreement Nears

by K&L Gates LLP on

The original Payment Services Directive (2007/64/EC) (“PSD1”) was introduced to provide greater price transparency for users of payment services and to create a level, competitive playing field among providers of different...more

Locke Lord QuickStudy: EPA Stakes Out Approach to Address GHG Permitting for Authorized Sources Affected

by Locke Lord LLP on

On December 19, 2014 the Environmental Protection Agency (EPA) issued two memoranda outlining the Agency’s planned response to the Supreme Court’s June 2014 decision in Utility Air Regulatory Group (UARG) v. Environmental...more

EPA Does Not Have a Nondiscretionary Duty to Revise PSD Regulations When It Amends a NAAQS

On Monday, the 9th Circuit Court of Appeals ruled that EPA does not have an obligation to amend PSD regulations for a criteria pollutant within two years of revising the National Ambient Air Quality Standard for that...more

U.S. Supreme Court Hears Arguments in Landmark Case on Federal Greenhouse Gas Regulation

by Stoel Rives LLP on

My colleague, Daniel Lee, followed oral argument yesterday in the U.S. Supreme Court's consideration of federal greenhouse gas (GHG) regulation in Utility Air Regulatory Group v. EPA, and provides this analysis...more

EPA Seeks Rehearing in Major Clean Air Act Case

by BakerHostetler on

Last week, EPA filed a petition for rehearing in United States v. Midwest Generation, LLC, 720 F.3d 644 (7th Cir. July 8, 2013) (filed September 3). This petition, which argues that the government is not barred by the...more

The Final Nail In the Coffin on EPA’s Enforcement Initiative Against Historic PSD Violations? The Third Circuit Agrees That PSD...

Only last month, the 7th Circuit ruled that alleged violations of the Clean Air Act’s PSD requirements are not ongoing....more

We Still Don’t Need No Stinkin Cooperative Federalism: The D.C. Circuit Court of Appeals Holds that GHG Sources Require PSD...

Last Friday, I posted about the limits to EPA’s cooperation with states in the name of “cooperative federalism” under the Clean Air Act. On the same day, in Texas v. EPA, the D.C. Circuit Court of Appeals only emphasized my...more

Seventh Circuit Presents Statute of Limitations Roadblock for Future PSD Enforcement Matters

by Foley & Lardner LLP on

On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more

EPA Permitting Regulations Vacated—Project Delays Expected

by Burr & Forman on

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

EPA Loses Another PSD Case: The Clean Air Act is “Extraordinarily Rigid”

In Sierra Club v. EPA, issued today, The Court of Appeals for the District of Columbia rejected EPA’s rules governing “significant impact levels” and “significant monitoring concentrations” for determining PSD permitting...more

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