On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more
10/9/2015
/ Air Quality Standards ,
Clean Air Act ,
Compliance ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
NAAQS ,
National Emissions Standards ,
Ozone ,
Public Health ,
Regulatory Standards ,
SIP
On July 30, the United States District Court for the Eastern District of North Carolina decided Rose Acre Farms, Inc. v. North Carolina Department of Environment and Natural Resources, No. 14-cv-147, 2015 WL 4603950. The...more
On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more
7/20/2015
/ Carbon Emissions ,
Clean Power Plan ,
Commerce Clause ,
Comptroller of the Treasury v Wynne ,
Electricity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Interstate Commerce ,
Out-of-State Companies ,
Power Plants ,
Renewable Energy ,
SCOTUS ,
Utilities Sector
On May 7, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register. The rule allows for rescission of certain Prevention of Significant Deterioration (PSD) permits under the Clean Air...more
On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more
This Tuesday, the D.C. Circuit issued an opinion in No. 13-5136, Grunewald v. Jarvis, affirming the lower court’s decision that the National Park Service’s promulgation of the White-Tailed Deer Management Plan was lawful. At...more
On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014). As part of this order,...more
On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more
Recent comments by EPA officials suggest that the agency will consider whether it should, for the first time, set a standard for “ultrafine” particles when it reviews its particulate matter national ambient air quality...more
As we discussed in an earlier post, in October 2013 the Ninth Circuit held in Washington Environmental Council v. Bellon, 732 F.3d 1131, that it lacked jurisdiction to hear certain environmental organizations’ challenge to...more
On December 11, a D.C. Circuit panel (Tatel, Brown, Griffith) granted in part environmental and state petitions for rehearing in Mississippi v. EPA (Nos. 08-1200 et al.), revising key language describing the court’s review of...more