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Washington District Court Reversal on MTCA Liability for Smokestack Emissions

A court in the Eastern District of Washington recently reversed its prior decision concluding that the deposition of aerial emissions from a smokestack in Canada could support a claim for arranger liability under Washington’s...more

2/1/2023  /  Air Pollution , CERCLA , Contamination , MTCA

EPA Finalizes Key NSR Reform Rule That Will Allow Consideration of Emissions Decreases When Assessing NSR Applicability

On November 24, 2020, EPA published a final rule that changes how facilities can calculate their emissions when assessing permitting requirements under the Clean Air Act’s New Source Review (NSR) program. Under the final...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 Continues Reforms to NSR and Other Clean Air Act Permitting Programs

On March 13, 2018, the U.S. Environmental Protection Agency (“EPA”) released a guidance memorandum announcing a new policy designed to clarify when a proposed project will trigger New Source Review (“NSR”) under the Clean...more

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