News & Analysis as of

Air Quality Standards

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Transport/Ozone: Arkansas Environmental Federation Comments on U.S. Environmental Protection Agency Arkansas State...

The Arkansas Environmental Federation (“AEF”) submitted comments on April 25th to the United States Environmental Protection Agency (“EPA”) on a proposed rule disapproving an Arkansas state implementation plan (“SIP”). ...more

Troutman Pepper

Air & Climate Report: April 2022

Troutman Pepper on

With spring finally arriving, the long-expected avalanche of EPA activity on air issues has also arrived. In this second year of the Biden administration, following the pattern of prior administrations, we are starting to see...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Garland County Rubber Product...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Alliance Rubber Company (“Alliance”) entered into a March 17th Consent Administrative Order (“CAO”) addressing alleged violations...more

Clark Hill PLC

Cannabis and the Environment: Seven Significant Side-Effects

Clark Hill PLC on

Cannabis cultivation and processing are rapidly-growing industries, as hemp and both recreational and medical marijuana products are being legalized across the country. With this rapid growth and legalization, however, comes...more

Perkins Coie

EIR For Martis Valley Project Near Lake Tahoe Rejected on Four Grounds But Wildfire Evacuation Analysis Complied with CEQA

Perkins Coie on

In a lengthy opinion tackling several of CEQA’s hot topics, a court of appeal has rejected the EIR for the Martis Valley West project, finding its Lake Tahoe water quality analysis, GHG and traffic mitigation measures, and...more

Bennett Jones LLP

2030 Emissions Reduction Plan

Bennett Jones LLP on

On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong Economy" (the ERP) under the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California’s AB 2243 Would Revise Heat Illness and Wildfire Smoke Standards

On February 10, 2022, California Assemblymember Eduardo Garcia, along with assembly members Luz Rivas and Robert Rivas, introduced Assembly Bill (AB) No. 2243, which would place a number of requirements on the California...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Sierra Club Petition for Objection to Permit Revision for Pinal County, Arizona, Generating Station

The Sierra Club filed an objection to a Clean Air Act Title V Revised Operating Permit before the Administrator of the United States Environmental Protection Agency (“EPA”) through a document styled: PETITION FOR OBJECTION...more

Hogan Lovells

EPA Decision Reinstating California's Clean Air Act Waiver for GHG/ZEV

Hogan Lovells on

Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PM 2.5/Soot/Clean Air Scientific Advisory Committee: Draft Letter Recommending Reconsideration of National Ambient Air Quality...

The Clean Air Scientific Advisory Committee (“CASAC”) sent a February 4th letter to the United States Environmental Protection Agency (“EPA”) addressing the following subject: CASAC Review of the EPA’s Policy Assessment for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Alexander Metal Finishing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and PPG Industries, Inc. (“PPG”) entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged violations of an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Secondary National Ambient Air Quality Standards/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity (“CBD”) sent a February 2nd Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a failure to: . . . complete a mandatory review of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon OSHA to Promulgate Rules Addressing Employee Exposure to Wildfire Smoke

From 2020 through 2021, wildfires burned more than 1.5 million acres of land in Oregon. To put things in perspective, the area that burned was approximately seven times the size of New York City....more

Procopio, Cory, Hargreaves & Savitch LLP

California Businesses Face New Organic Waste Mandates in 2022

Organic waste collection regulations became effective as of January 1, 2022 for local government jurisdictions in California. Since 2006 California has aggressively pursued establishment of economy-wide greenhouse gas (GHG)...more

Hodgson Russ LLP

New York City Bans Gas Hookups in New Buildings; is the State Next?

Hodgson Russ LLP on

On December 15, 2021, the New York City Council (“Council”) passed Int. 2317-2021 in a 40 to 7 vote effectively banning new fossil fuel hookups in buildings for heat, hot water, and kitchen stoves starting as early as 2024....more

Dentons

Economic and Fiscal Update 2021

Dentons on

On December 14, 2021, the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, tabled the Economic and Fiscal Update 2021....more

(ACOEL) | American College of Environmental...

Regional Haze Regulation: Visibility or climate change?

The goal of the Clean Air Act’s visibility program is to achieve natural visibility conditions by 2064 in federal Class I areas (basically, national parks). States must show that they are making “reasonable progress” towards...more

Downey Brand LLP

Third Appellate District Recognizes Unique Regional Resources at Lake Tahoe in Finding Olympic Valley Resort EIR Flawed

Downey Brand LLP on

In September 2021, the Third District Court of Appeal in Sierra Watch v. Placer County reversed a judgement upholding Placer County’s Environmental Impact Report (EIR) for a resort development project in the Olympic (formerly...more

Smith Gambrell Russell

Michigan Grants Minor Source Air Permit Despite Environmental Justice Concerns from EPA

Smith Gambrell Russell on

The Michigan Department of Environment, Great Lakes & Energy (EGLE) announced on November 15 that it had approved a minor source operating permit for a hot-mix asphalt plant near Flint, Michigan. The permit faced robust...more

Beveridge & Diamond PC

New York Becomes the Third State to Adopt a Constitutional Green Amendment

Beveridge & Diamond PC on

On November 2, 2021, New York State voters passed a ballot measure enshrining in the State Constitution the right to a “healthful environment.” The new “green amendment” or “Environmental Rights Amendment” (ERA) places New...more

Foley Hoag LLP - Environmental Law

CASAC Signals that a Lower PM2.5 NAAQS Is On the Way; It Can’t Come Too Soon

The momentum continues to build for a more stringent National Ambient Air Quality Standard for PM2.5. In June, EPA announced it would revisit the Trump Administration’s decision to keep the PM2.5 NAAQS at 12 ug/m3. In early...more

Morgan Lewis - Power & Pipes

EPA Proposes Rule to Reduce Greenhouse Gas Emissions

The US Environmental Protection Agency (EPA) recently issued a proposed rule under the Clean Act intended to reduce emissions of greenhouse gases (GHGs) and air pollutants from crude oil and natural gas operations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Wynne Enter into...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Wynne, Arkansas (“Wynne”), entered into a November 4th Consent Administrative Order (“CAO”) addressing an alleged...more

Dechert LLP

New York’s Green Amendment: How Guidance from Other States Can Shape the Development of New York’s Newest Constitutional Right

Dechert LLP on

Key Takeaways Likened by some to motherhood and apple pie, the Environmental Rights Amendment was adopted by New York with a resounding “Yes” on November 2, 2021, with approximately 68% of voters approving the new amendment....more

Latham & Watkins LLP

California and Key Stakeholders Join Warehouse Regulation Lawsuit

Latham & Watkins LLP on

The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court. On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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