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 Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more
The U.S. Environmental Protection Agency (EPA) today designated two types of per- and polyfluoroalkyl substances (PFAS) that have been used in cookware, carpets, and firefighting foams as hazardous substances, an action...more
The U.S. Securities and Exchange Commission (SEC) has stayed new climate-related disclosure requirements pending judicial review, the agency said on Thursday, after criticism from across the political spectrum. The SEC’s...more
California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more
The California 2023 Legislative Session ended on September 14, 2023 and presented Governor Gavin Newsom with several important changes to California’s water-related statutes. Newsom had until October 14, 2023 to sign all...more
The U.S. Environmental Protection Agency (EPA) announced last week that it would investigate the California State Water Resources Control Board (Board) after some Native American tribes and environmental groups complained the...more
In the nation’s first appellate case on the issue, the Ninth Circuit Court of Appeals on Monday ruled that the City and County of San Francisco (City) must meet limits set by the U.S. Environmental Protection Agency for...more
Twenty-two attorneys general, led by California Attorney General Rob Bonta, urged a federal court this Wednesday to reject a proposed $10.3 billion settlement over contamination of U.S. public drinking water systems with...more
As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more
As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more
The U.S .Environmental Protection Agency (EPA) is proposing tougher standards for fine particle pollution, sometimes known as soot. The proposed regulations announced on Friday would set maximum levels of 9 to 10 micrograms...more
In 1994, under Executive Order 12898, environmental justice was recognized as a federal initiative administered by the U.S. Environmental Protection Agency (EPA). Since then, the environmental justice movement has expanded,...more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
The Virginia Code requires a site suitability determination for all projects seeking air emission permits. Va. Code 10.1-1307.E. While this provision has been in place for decades, it has never received significant attention,...more
The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more
Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more
While the presidential transition has focused attention on the energy and environmental policy initiatives that likely will be undertaken by the Biden-Harris Administration, the Commonwealth of Massachusetts continues to...more
On November 19, 2020, U.S. EPA published its decision to remove Ohio’s air pollution nuisance rule from Ohio’s SIP in the Federal Register. The removal came at the request of Ohio EPA because the nuisance rule does not have a...more
At the end of the 2020 legislative session, California Governor Newsom signed Senate Bill 288 (Wiener) (SB 288) into law. SB 288, amends the California Environmental Quality Act (CEQA), streamlining the environmental review...more
Key Takeaways - • On September 18, 2020, New Jersey Governor Phil Murphy signed landmark environmental justice legislation into law. The law (S232), which the state legislature passed last month, requires the New Jersey...more
Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more
The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 31st management alert titled: Prompt Action Needed to Inform Residents Living Near Ethylene Oxide-Emitting...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of West Memphis (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more