News & Analysis as of

Air Pollution Environmental Protection Agency

2015 Ground-Level Ozone National Ambient Air Quality Standards: Arkansas Department of Environmental Quality Notes State-Wide...

The Arkansas Department of Environmental Quality announced that the United States Environmental Protection Agency (“EPA”) has stated that Arkansas is in attainment state-wide with the 2015 Ground-Level National Ambient Air...more

Draft FY 2018 – 2022 EPA Strategic Plan: October 31st Association of Air Pollution Control Agencies Comments

The Association of Air Pollution Control Agencies (“AAPCA”) submitted October 31st comments on the United States Environmental Protection Agency’s (“EPA”) Draft FY 2018 – 2022 Strategic Plan (“Plan”). EPA states the Plan...more

Regional Haze: Arkansas Department of Environmental Quality Proposed State Implementation Plan Revision

The Arkansas Department of Environmental Quality (“ADEQ”) announced on October 31st proposed revisions to the State’s Regional Haze State Implementation Plan (“SIP”)....more

Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15

On November 15, the ruling of the U.S. Court of Appeals for the D.C. Circuit that invalidated the U.S. EPA’s rule exempting hog, chicken, dairy cow and other concentrated animal feeding operations (CAFOs) from reporting air...more

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Publicly Owned Treatment Works/Residual Risk and...

The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works...more

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

NESHAP/Air Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama Dry Cleaning Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Vardaman Enterprises, Inc., d/b/a Jerry’s Cleaners (“VEI”) entered into a September 14th Consent Order (“CO”) addressing alleged National Emission Standard for...more

Sometimes Guidance Actually Provides Guidance

As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued,...more

Arkansas' 1-hr SO2 Saga!!: Stuart Spencer (Arkansas Department of Environmental Quality) Association of Air Pollution Control...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer, undertook a presentation at the 2017 Fall Business Meeting of the Association of Air Pollution Control Agencies...more

Clean Air Act: Maryland Attorney General Federal District Lawsuit Alleging U.S. Environmental Protection Agency Failure to Act on...

Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...more

Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Snell & Wilmer on

The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more

California Environmental Law and Policy Update - August 2017 #3

by Allen Matkins on

Environmental and Policy Focus - California attorney general sues EPA over records on administrator - Washington Post - Aug 11 - California’s Attorney General Xavier Becerra sued the U.S. Environmental Protection...more

House Approves 8-Year Delay of Obama-era Ozone Standards

by Kelley Drye & Warren LLP on

On July 18th, the U.S. House of Representatives passed a bill updating the Clean Air Act and delaying implementing Obama-era ozone reduction regulations until 2024. The “Ozone Standards Implementation Act of 2017” H.R. 806...more

EPA Fails to Justify Its Use of Surrogates for Certain Hazardous Air Pollutants

July 18, 2017, the D.C. Circuit Court of Appeals remanded EPA’s MACT standards for PCBs, polycyclic organic matter, and hexachlorobenzene to EPA. Rather than setting specific MACT standards for these compounds, EPA regulated...more

California Environmental Law & Policy Update - July 2017

by Allen Matkins on

Environmental and Policy Focus - California Supreme Court upholds restrictions on Encinitas seawall - San Diego Union-Tribune - Jul 6 - The California Supreme Court dealt a blow Thursday to two coastal property...more

Put Aside Global Warming and Consider Evidence That Air Pollution in the U.S. Harms Local Populations

by Burr & Forman on

Last Thursday, National Public Radio reported on a study published in the New England Journal of Medicine which offers evidence that air pollution continues to kill thousands in the United States every year. ...more

Up in the Air - Will EPA rulemaking on carbon emission design standards for aircraft be the next Obama climate initiative on the...

Trump Administration officials followed up on the President’s June 1 announcement of U.S. withdrawal from the Paris climate accord by announcing that the Administration was reviewing U.S. participation in ICAO’s global...more

Sustainable Development Update - May 2017 #4

by Allen Matkins on

Sustainable Development Focus - Better Buildings Challenge partners save $1.9 billion - Proud Green Building - May 16 - According to a new report, some 345 leading public and private sector organizations in the...more

Revised MACT Standards Coming for 13 HAP Sources

by Williams Mullen on

The United States District Court for the District of Columbia recently ordered EPA to update the maximum achievable control technology (MACT) emission standards for 13 sources of hazardous air pollutants (HAPs). The order was...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

California Environmental Law & Policy Update - April 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Trump signs executive order to expand drilling off America’s coasts - Washington Post - Apr 28 - President Trump signed an executive order Friday that aims to expand offshore...more

California Environmental Law & Policy Update - April 2017

by Allen Matkins on

Environmental and Policy Focus - Appeals court upholds California’s cap-and-trade system - Sacramento Bee - Apr 6 - A state appeals court handed a major victory to California’s signature climate-change program on...more

California Environmental Law & Policy Update - March 2017 #5

by Allen Matkins on

Environmental and Policy Focus - Trump moves decisively to wipe out Obama’s climate-change record - Washington Post - Mar 28 - President Trump on Tuesday took the most significant step yet in obliterating...more

Court Orders EPA to Promulgate Air Toxics Standards: A Taste of What’s to Come?

On March 22, 2017, federal Judge Christopher Cooper ordered EPA to promulgate emissions standards for 13 sources of hazardous air pollutants by June 30, 2020. EPA admitted that it missed statutory deadlines to do so; the...more

Maine DEP Plans to Tighten Opacity Standards in Response to EPA SIP Call

by Pierce Atwood LLP on

You think maintaining compliance with opacity standards is a challenge now – just wait. As anyone who has started a campfire knows, opacity (the density of the smoke) tends to be high when starting and ending fuel burning,...more

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