News & Analysis as of

Biden Administration Clean Air Act

McGlinchey Stafford

U.S. Court of Appeals Reverses EPA Decision on Small Refinery Biofuel Exemptions

McGlinchey Stafford on

On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more

Goldberg Segalla

EPA Finalizes New Rule Requiring More Than 200 Chemical Plants to Reduce Toxic Emissions

Goldberg Segalla on

The U.S. Environmental Protection Agency announced April 9 a set of final rules under sections 111 and 112 of the Clean Air Act (CAA) to significantly reduce toxic air pollution from more than 200 chemical plants in the...more

WilmerHale

Clearing the Air on Criminal Enforcement of Hydrofluorocarbon Importation Laws

WilmerHale on

The Biden Administration’s focus on climate change mitigation is showcased in a prosecution recently announced by the U.S. Attorney’s Office, Southern District of Cali- fornia against Michael Hart, who is accused of smuggling...more

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

U.S. Environmental Protection Agency Fiscal Year 2025: Biden Administration Budget Request

The Biden Administration has released its Fiscal Year 2025 Budget Proposal for the United States Environmental Protection Agency (“EPA”). EPA Administrator Regan in a March 11th news release states that the Budget Request...more

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

King & Spalding on

Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

Williams Mullen

Environmental Notes - October 2023

Williams Mullen on

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

Holland & Hart LLP

EPA Doubles Down on Enforcement to Address Climate Change

Holland & Hart LLP on

In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

ArentFox Schiff

Environmental Justice Update: Louisiana Decision Upholds Use of EPA Emergency Powers

ArentFox Schiff on

Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

ArentFox Schiff

Environmental Justice Update: Differing State and Local Approaches to Federal Civil Rights Actions

ArentFox Schiff on

Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more

Williams Mullen

Biden and EPA Continue to Push Environmental Justice Using Cumulative Impacts

Williams Mullen on

President Biden is pushing in 2023 to strengthen Environmental Justice (EJ) initiatives and policies from the top down. This includes ordering more action and results from relevant federal agencies and pushing for the use of...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

Bricker Graydon LLP on

On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

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

Biden Administration Fiscal Year Proposed 2024 Budget: $12 Billion Requested for U.S. Environmental Protection Agency

The United States Environmental Protection Agency (“EPA”) issued a March 9th news release addressing the Biden Administration’s fiscal year 2024 budget request. The Biden Administration is requesting $12 billion in...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Stinson LLP

Environmental Wrap-Up 2022 and What to Expect in 2023

Stinson LLP on

This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more

ArentFox Schiff

Environmental Justice Update: EPA Announces $100 Million in EJ Grants to Local Groups and Issues Guidance Outlining Potential...

ArentFox Schiff on

“Environmental justice” (EJ) continues as the primary leitmotif of Biden Administration environmental policy in the first weeks of 2023. Below, we unpack two recently announced EJ efforts: a grant program for groups in...more

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

U.S. Environmental Protection Agency FY2024 Budget: National Association of Clean Air Agencies Recommendations

The National Association of Clean Air Agencies (“NACAA”) transmitted a November 8th letter to the United States Environmental Protection Agency (“EPA”) providing recommendations for the federal agency’s FY2024 budget. ...more

ArentFox Schiff

Environmental Justice Update: EPA Issues Initial Findings Regarding Louisiana Civil Rights Complaints

ArentFox Schiff on

In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use...more

ArentFox Schiff

Split Fifth Circuit Panel Upholds $14.25 Million Clean Air Act Decision Hinging on Standing Issues

ArentFox Schiff on

Standing is a major issue in nearly all environmental citizen suit cases. A split panel of the US Fifth Circuit Court of Appeals upheld a district court’s award of a $14.25 million Clean Air Act (CAA) penalty against a...more

Latham & Watkins LLP

CARB Finalizes Zero-Emission Auto Rules

Latham & Watkins LLP on

California continues to push toward its statewide carbon-neutrality goals. On August 25, 2022, the California Air Resources Board (CARB) unanimously approved regulations that require all new 2035 and later passenger...more

Stinson LLP

The Impact of the New Inflation Reduction Act on Infrastructure Initiatives

Stinson LLP on

Congress has injected yet another wave of stimulus funding as the Biden Administration attempts to shape the future of America’s infrastructure. On August 16, 2022, President Biden signed into law House Bill 5376, known as...more

Lippes Mathias LLP

Inflation Reduction Act Highlights: Environmental Justice, Climate Change and Expedited Permitting

Lippes Mathias LLP on

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

ArentFox Schiff

Inflation Reduction Act Commits Significant Resources to Federal Environmental Justice Efforts

ArentFox Schiff on

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

King & Spalding

The Inflation Reduction Act Clears the Senate

King & Spalding on

House Passage and President Biden’s Signature Expected This Week - On Sunday, August 7, following an all-night voting session, the Senate approved the Inflation Reduction Act (IRA) by a vote of 51-50. The IRA was...more

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

U.S. Department of Justice Resumption of Supplemental Environmental Projects: National Association of Clean Air Agencies Submits...

The National Association of Clean Air Agencies (“NACAA”) submitted comments on a memorandum issued on May 5th by the United States Department of Justice (“DOJ”) titled: Guidelines and Limitations for Settlement...more

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