The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The National Waste & Recycling Association (“NWRA”) submitted July 2nd comments to the United State Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) in...more
The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more
The California Air Resources Board has requested that the U.S. Environmental Protection Agency grant California an authorization pursuant to § 209(e)(2) of the Clean Air Act to, among other things, prohibit locomotives that...more
REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more
The National Association of Clean Air Agencies (“NACAA”) sent a September 29th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2024-2025 National Program...more
Facilities operating across the country need to be prepared for increased climate-driven enforcement at all levels of federal government—especially at the U.S. Environmental Protection Agency (EPA). With EPA’s Climate...more
A New York Administrative Law Judge (“ALJ”) issued a decision (Ruling on Issues and Party Status [“Decisions”]) upholding the State of New York Department of Conservation (“NYDEC”) decision to deny a Clean Air Act Title V...more
After Held v. Montana was decided, and I read Peter Vetere’s blog post, I’ve been thinking about the Massachusetts Constitution. Would Massachusetts’ youth have similar success arguing for a guaranteed safe, clean...more
EPA Again Proposes to Regulate Greenhouse Gas Emissions from Power Plants - Today, the Environmental Protection Agency (EPA) published new proposed rules in the Federal Register to regulate greenhouse gas (GHG) emissions...more
California has been pushing hard recently to lose its status as the second-largest contributor of the nation’s greenhouse gases (still comfortably behind Texas.) ...more
Need a refresher on key developments in 2022 to prepare you for what’s next in 2023? Here’s a rundown of some high-profile happenings, along with some you might have missed....more
The United States Environmental Protection Agency (“EPA”) and City Water, Light and Power of Springfield, Illinois (“CWL&P”) entered into an October 28th Consent Agreement and Final Order (“CAFO”) addressing alleged...more
The United States Environmental Protection Agency (“EPA”) has released a document titled: 2022 EPA Automotive Trends Report Greenhouse Gas Emissions, Fuel Economy, and Technology Since 1975 (“Report”)...more
The United States Environmental Protection Agency (“EPA”) announced a Supplemental Notice of Proposed Rulemaking to update, strengthen, and expand the standards proposed on November 15, 2021, which require reduced emissions...more
Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more
The United States Environmental Protection Agency (“EPA”) issued an August 2022 Enforcement Alert (“EA”) titled: Stationary Engines Cause Excess Emissions in Communities Across the Country...more
The United States Environmental Protection Agency (“EPA”) in a September 1st letter to Bluewater Texas Terminals, LLC, (“Bluewater”) addressed pending Clean Air Act permit applications for the proposed Bluewater Texas...more
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA), sweeping legislation that commits $369 billion to combat climate change, fund clean energy and development, and address environmental justice. This...more
The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more
The Inflation Reduction Act was signed into law on Tuesday, August 16 and significantly advances the innovative financing method known as green banking. Here are three ways the Act furthers that investment technique in...more
Introduction - In West Virginia v. EPA, the Supreme Court confirmed a robust “major questions” canon of construction that will restrain administrative agencies’ ability to regulate on issues of “vast economic and...more
On June 30, 2022 the Supreme Court decided West Virginia v. EPA. This case not only has environmental law implications, but also speaks directly to executive agency overreach in potentially many other contexts. On its face,...more