In the weeks since Holland & Knight previously reported on challenges to California's Clean Air Act (CAA) preemption waivers on April 30, 2025, Congress has taken decisive action. Following the U.S. House of Representatives'...more
5/27/2025
/ Automotive Industry ,
California ,
Clean Air Act ,
Congressional Review Act ,
Electric Vehicles ,
Environmental Policies ,
Government Agencies ,
Greenhouse Gas Emissions ,
Pending Legislation ,
Preemption ,
Trump Administration ,
Waivers
In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
5/14/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Pending Litigation ,
Preemption ,
State and Local Government ,
Superfund ,
Trump Administration
When it comes to regulating motor vehicle emissions, California has long been different. California was the first state in the nation to enact tailpipe emission standards and as result of its "pioneering" efforts in the...more
4/30/2025
/ Automotive Industry ,
Biden Administration ,
Clean Air Act ,
Clean Car Standards ,
Climate Change ,
Congressional Review Act ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Judicial Review ,
Legal History ,
Preemption ,
Waivers
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
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