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EPA’s Proposed NSR Rule for Project Emissions Accounting Will Mean Permitting Delays for Projects and Expansions

Key Takeaways - What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program...more

EPA’s New “Public Participation” Threshold for an “Applicable Requirement” Would Create New Complexities for Clean Air Act Title V...

On January 9, 2024, the U.S. Environmental Protection Agency (EPA) proposed amendments to its Clean Air Act (CAA) Title V operating permit rules to clarify the scope of an “applicable requirement” that can be implemented...more

EPA Finalizes Air Rule Targeting Oil and Gas Industry Methane Emissions: Final Rule Includes New Source Performance Standards for...

Key Takeaways - • What Is Happening? On December 2, 2023, during the United Nations Climate Change Conference (COP28), the U.S. Environmental Protection Agency (EPA) announced a final Clean Air Act (Act) rule designed to...more

EPA Proposes New Rule Strictly Limiting Greenhouse Gas Emissions from the Nation’s Fossil Fuel Power Plants

On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...more

EPA Leverages Controversial IRIS Value for Ethylene Oxide to Fast-Track Overhaul of Clean Air Act Regulations of Chemical...

Last week, the U.S. Environmental Protection Agency (EPA) issued a 444-page pre-publication summary of new proposed rules intended to reduce hazardous air emissions from chemical manufacturers in the Synthetic Organic...more

Methane Emissions in the Spotlight at COP27: EPA Proposes for Comment Enhanced Methane Regulations and A Novel Super-Emitter...

Key Takeaways & Analysis - During the COP27 meeting of the UN Climate Change Convention, President Biden unveiled significant proposed enhancements to the Administration’s existing methane regulation program, including a...more

Ethylene Oxide Update: Second Risk Review Process Resolves EPA-OIG Conflict; EPA Advances Sterilizer Agenda

The U.S. Environmental Protection Agency’s (EPA) commitment to its controversial Integrated Risk Information System (IRIS) value for Ethylene Oxide (EO) remains unwavering as two recent developments reflect. The first is...more

Key Takeaways from U.S. Supreme Court Decision in West Virginia v. EPA

On June 30, 2022, the U.S. Supreme Court issued its decision in West Virginia v. EPA, 597 U.S. __, 2022 WL 2347278 (June 30, 2022), a case involving the Obama Administration’s Clean Power Plan (CPP) and the Trump...more

EPA Forges Ahead on EO Actions without Completing Review of the Controversial IRIS Value or Its Use in Rulemaking

Key Takeaways - • Ethylene Oxide (EO) remains a high priority for the Biden Environmental Protection Agency (EPA) from both a risk and an environmental justice standpoint. Expect that spotlight to continue next year and...more

President Biden Announces New Methane Emissions Reduction Strategy

On November 2, 2021, President Biden released the U.S. Methane Emissions Reduction Action Plan (the “Plan”). The Plan, calling for substantial reductions in U.S. methane emissions, was announced in tandem with an...more

EPA Finalizes Important Changes to Agency Guidance Procedures

Key Takeaways - • What Happened: EPA finalized new procedures for issuing, identifying, and maintaining Agency guidance documents....more

Recent and Forthcoming Environmental Rules and Guidance Could Be Reversed Under Congressional Review Act: Three Steps for...

If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more

EPA Publishes MON RTR, But Delays Responding to Comments on Its Controversial Risk Assessment for Ethylene Oxide

On August 12, the United States Environmental Protection Agency (EPA) published the final “residual risk and technology” (RTR) rule for the Miscellaneous Organic Chemical Manufacturing (MON) source category (Final Rule or MON...more

Opportunities for Industry Action in Response to President Trump’s Executive Order Limiting EPA and Other Federal Agency Use of...

Summary - Stakeholders in the regulated community have a unique but time-limited opportunity to petition the U.S. Environmental Protection Agency (EPA) and other federal agencies to either add or remove specific guidance...more

Hundreds of Environmental Groups Urge Massive Rulemaking Changes to Control Air Emissions at Plastics Manufacturing Facilities

Led by the Center for Biological Diversity, a group of 364 environmental and other non-governmental organizations have filed a petition with the U.S. Environmental Protection Agency (EPA) to revise standards applicable to...more

Energy Trends: Is EPA Entering Its “Development Phase” for Important Oil and Gas Rules?

One of this Administration’s top priorities is to improve the nation’s energy policy by removing unduly burdensome regulations. The past year has brought considerable EPA action on rules affecting electric utilities, with...more

EPA Proposes Rescinding Certain HFC Rules for Refrigeration and Air-Conditioning Appliances

On September 18, 2018, the U.S. Environmental Protection Agency (“EPA”) released an advance copy of a rule proposing to rescind the agency’s 2016 extension (“2016 Rule”) of certain appliance refrigerant leak repair rules to...more

Full Steam Ahead: EPA Moves Forward with Key Initiative to Reduce Emissions at U.S. Ports

EPA’s Office of Transportation Air Quality recently issued a report titled “EPA and Port Everglades Partnership: Emission Inventories and Reduction Strategies” (“the Port Everglades Report”). The Port Everglades Report comes...more

EPA Proposes Repeal of Clean Power Plan

On October 10, 2017, EPA Administrator Scott Pruitt signed a notice of proposed rulemaking (“proposed rule”) repealing the Clean Power Plan (“CPP”). Repeal of Carbon Pollution Emission Guidelines for Existing Stationary...more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

EPA Initiates Reviews of Three Clean Air Act Regulations, Following President Trump’s “Promoting Energy Independence and Economic...

A week after President Trump signed an Executive Order directing agency review of various energy-related regulations, the Environmental Protection Agency (EPA) announced that it is initiating review of three such regulations...more

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil...more

District of Columbia Proposes Much Anticipated Synthetic Minor Air Permitting Regulations

On February 3, 2017, the District of Columbia’s Department of Energy & Environment (“Department”) released a Notice of Proposed Rulemaking announcing its much-anticipated synthetic minor air permitting regulations (“Proposed...more

2/16/2017  /  Clean Air Act , Permits , Title V

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S. With 100 lawyers in offices around the U.S. focused on environmental and natural...more

EPA is Extending Its Refrigerant Management Regulations to Non-Ozone Depleting Refrigerants

The U.S. Environmental Protection Agency (EPA) has signed and is submitting for publication in the Federal Register an update to its Refrigerant Management Regulations under Section 608 of the Clean Air Act (CAA) to further...more

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