President Donald Trump's April 8, 2025, proclamation extends the compliance deadline for the EPA's Mercury and Air Toxics Standards (MATS) by two years, from July 8, 2027 to July 8, 2029, asserting national security concerns...more
4/14/2025
/ Clean Air Act ,
Coal Industry ,
Compliance Dates ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hazardous Substances ,
MATS ,
National Security ,
NESHAP ,
Pollution Control ,
Time Extensions ,
Trump Administration
President Donald Trump on April 9, 2025, issued an executive order (EO) titled "Protecting American Energy from State Overreach." The EO aims at "unleashing American energy" by removing legal restrictions imposed by state...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
4/4/2025
/ Administrative Procedure Act ,
Air Pollution ,
Appeals ,
Clean Air Act ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Judicial Review ,
NAAQS ,
NESHAP ,
Proposed Rules ,
Regulatory Requirements ,
Rulemaking Process ,
SCOTUS
Under Clean Air Act (CAA) Section 209(a) (42 U.S.C. § 7543), states are preempted from adopting or enforcing emissions standards for new motor vehicles or new motor vehicle engines. However, because California had adopted its...more
1/3/2025
/ Automotive Industry ,
Cars ,
Clean Air Act ,
Clean Car Standards ,
Congressional Review Act ,
Electric Vehicles ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Green Cars ,
Greenhouse Gas Emissions ,
Preemption ,
Regulatory Agenda ,
Trump Administration ,
Waivers
For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more
9/3/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Consumer Financial Protection Bureau (CFPB) ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Department of Transportation (DOT) ,
Environmental Protection Agency (EPA) ,
Federal Trade Commission (FTC) ,
FERC ,
Food and Drug Administration (FDA) ,
Government Agencies ,
HUD ,
IRS ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NTSB ,
OCC ,
Popular ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statute of Limitations ,
Statutory Interpretation ,
U.S. Treasury
2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more
1/18/2024
/ Air Quality Standards ,
Bodily Injury ,
CERCLA ,
Certifications ,
Compliance ,
Contamination ,
Discovery ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
Multidistrict Litigation ,
NDAA ,
PFAS ,
Popular ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Wastewater
Assembly Bill 1305 (AB 1305), also called the Voluntary Market Disclosures Act, is a new California statute requiring companies to make certain disclosures if they make claims in the state regarding greenhouse gas (GHG)...more
The U.S. Environmental Protection Agency (EPA) published a far-reaching and enormously important final rule (Rule) on Oct. 11, 2023, requiring comprehensive reporting of per- and polyfluoroalkyl substances (PFAS) manufactured...more
10/20/2023
/ Compliance ,
Effective Date ,
Environmental Protection Agency (EPA) ,
Filing Deadlines ,
Final Rules ,
Hazardous Substances ,
Importers ,
Manufacturers ,
NDAA ,
PFAS ,
Reporting Requirements ,
Statute of Limitations ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Waste Management
What do nail polish, children's foam-padded sleeping mats and tires have in common? Not much at first glance, but all have been identified as "priority products" under California's Safer Consumer Products regulations...more
As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in...more
7/18/2023
/ Administrative Procedure ,
California Air Resources Board ,
California Endangered Species Act ,
CEQA ,
CEQA Reform ,
Critical Habitat ,
Endangered Species ,
Energy Projects ,
Governor Newsom ,
Green Banks ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Financing ,
Manufacturers ,
NEPA ,
New Legislation ,
Popular ,
Real Estate Development ,
Renewable Energy ,
Semiconductors ,
State Budgets ,
State Departments of Transportation ,
Surface Water ,
Transportation Industry ,
Utilities Sector ,
Water ,
Water Supplies
The U.S. Environmental Protection Agency (EPA or Agency) on May 23, 2023, published a new suite of proposed standards for coal- and gas-fired power plants that will limit greenhouse gas (GHG) emissions. The proposed rule...more
6/1/2023
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Power Plants ,
Proposed Rules ,
Public Comment ,
Public Hearing