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EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

DC Circuit Denies Standing to Aftermarket Parts Manufacturers Challenging EPA Tampering Rules

Citing a lack of standing and no final agency action, the US Court of Appeals for the DC Circuit dismissed the petition of an association representing businesses that make and sell aftermarket racing parts seeking review of a...more

US Supreme Court Narrows Environmental Protection Agency’s Options for Climate Change Regulation

The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more

Seventeen States Challenge Reinstatement of California Emissions Waiver

The lawsuit challenges California’s authority to implement climate change–related vehicle emission standards and zero-emissions goals. Seventeen states filed a lawsuit in the US Court of Appeals for the District of Columbia...more

Environmental Protection Agency Reinstates California Emissions Waiver

In a move that was telegraphed at the outset of the Biden-Harris administration, the US Environmental Protection Agency announced March 9 that it is reversing a Trump-era decision to revoke California’s authority to set...more

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

Biden-Harris Administration Promoting EVs, Longer-Term Reductions in Tailpipe Emissions Standards

In a move that the Biden-Harris administration is promoting as a partial fulfillment of a campaign promise to cut US greenhouse gas emissions (GHGs) at least in half by 2030, President Joseph Biden signed a new executive...more

The Course Ahead: Legal and Regulatory Updates for Emissions and Electric Vehicles in the Biden-Harris Administration

Just over 100 days into the Biden-Harris administration, the course being charted by the government for automobile emissions and emerging automotive mobility technologies is becoming clearer. ...more

California Orders Phase-Out of Gas Cars and Expedited Regulation of Oil Extraction, Production Facilities

With a recent executive order, California is the first state in the nation to commit to ending the sale of fossil fuel–powered vehicles. The order also directs the expedited regulation and closure of oil extraction and...more

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

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