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
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on July 1st to the United States Environmental Protection Agency (“EPA”) a document titled: Arkansas Ambient Air...more
The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more
The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more
On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more...more
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more
On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more
Twenty-four State Attorneys General filed a Petition for Review (“Petition for Review”) in the United States Court of Appeals for the District of Columbia Circuit challenging a United States Environmental Protection Agency...more
Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate...more
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level...more
In March 2023, the EPA issued its final Good Neighbor Plan, the last in a series of legislations designed to reduce emissions of ozone-forming nitrogen oxide (NO2) which cross state borders. Specifically, the Plan was...more
The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more
On Feb. 7, the U.S. Environmental Protection Agency published an update to the National Ambient Air Quality Standards (NAAQS) for fine particulate matter, commonly referred to as PM 2.5. The EPA announced that the annual...more
The United States Environmental Protection Agency (“EPA”) announced today a final rule which will tighten the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter. EPA previously: - Stated on June 10,...more
On February 7, 2024, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3. This is a significant reduction from the current 12.00 ug/m3 standard and a victory for...more
The United States Chamber of Commerce (“Chamber”) issued a November 2023 report titled: EPA’s Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy (“Report”)...more
An article in Science published last week indicates that the mortality risk from exposure to PM2.5 from coal-fired electric generating units is roughly twice as high as the risk posed by PM2.5 from other sources. According...more
Seventy trade groups sent an October 31st letter to Mr. Jeffrey Zients who serves as Chief of Staff in the White House addressing the Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter...more
The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change...more
The United States Environmental Protection Agency (“EPA”) announced it is initiating a new review of the Ozone National Ambient Air Quality Standard (“NAAQS”). EPA states it is taking this action based on advice provided...more
The White House Environmental Justice Advisory Council recently weighed in on EPA’s decision whether to lower the National Ambient Air Quality Standards for PM2.5 and ozone. Specifically, with respect to PM2.5, WHEJAC...more
Last week, the EPA Clean Air Science Advisory Committee provided EPA its review of EPA’s Policy Assessment for the Reconsideration of the National Ambient Air Quality Standard for ozone. As expected, CASAC has disagreed with...more
An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that could impact business as usual? Any surprises this year? This article...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent. Apparently,...more