News & Analysis as of

Clean Air Act

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

Asbestos Enforcement: U.S. Environmental Protection Agency and Georgia Construction Company Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Halifax Construction Company, Inc. (“Halifax”) entered into a June 6th Consent Agreement (“CA”) addressing alleged violations of 40 C.F.R. Part 61, Subpart M,...more

Holland & Hart LLP

Supreme Court Declines to Limit Environmental Citizen Suits

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On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

Holland & Knight LLP

SCOTUS Clean Air Act Cases: What’s New?

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In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha, Susan Lafferty and Zach Pilchen break down recent U.S. Supreme Court...more

Davis Wright Tremaine LLP

"One Big Beautiful Bill" Passes House and Senate

Earlier today, the House passed President Trump's sweeping tax and spending legislation after overcoming resistance from some Republican members. A revised version of the legislation narrowly passed the Senate on July 1 in a...more

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

Air Enforcement: U.S. Environmental Protection Agency and Willow Island, West Virginia Industrial Coatings Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and Allnex USA Inc. (“Allnex”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of an Air Permit. See Docket No. CAA-03-2025-0036....more

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

K&L Gates LLP

EPA Plans Reset of GHG and Mercury Rules for Power Plants

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Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG...more

Hogan Lovells

Supreme Court sets new rules for Clean Air Act lawsuits

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In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more

Holland & Knight LLP

Supreme Court Clarifies Standing for Regulatory Challenges in Diamond Alternative Energy v. EPA

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The U.S. Supreme Court on June 20, 2025, issued a 7-2 decision in Diamond Alternative Energy, LLC v. EPA, clarifying when stakeholders have standing to challenge an agency action based on market effects rather than direct...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Malvern Brick Manufacturing...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Acme Brick Company (“ABC”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of an Air...more

Goldberg Segalla

Venue Matters: Supreme Court Clarifies Where Clean Air Act Cases Belong

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On June 18, the U.S. Supreme Court issued two decisions that clarify a deceptively simple question under the Clean Air Act: Where should lawsuits challenging EPA actions be filed? The rulings – EPA v. Calumet Shreveport...more

MG+M The Law Firm

EPA Moves to Repeal Biden–Harris-Era Power Plant Emissions Rules

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On June 11, 2025, the US Environmental Protection Agency, under Administrator Lee Zeldin, proposed repealing two key Biden–Harris-era rules targeting greenhouse gas and air toxic emissions from fossil fuel–fired power plants....more

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

Air Enforcement: U.S. Environmental Protection Agency and East Alton, Illinois Brass/Bronze Production Plant Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Wieland Rolled Products (“WRP”) entered into a June 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act New Source...more

Foley & Lardner LLP

Foley Automotive Update - June 2025 - 2

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Foley & Lardner provided an update for multinational companies to mitigate risks posed by the Trump administration’s focus on drug cartels and transnational criminal organizations (TCOs). Visit Foley & Lardner’s Trump...more

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

Environmental Criminal Enforcement/Clean Air Act: Erie, Pennsylvania Coke Manufacturing Plant Owner Guilty Plea

The United States Attorney’s Office, Western District of Pennsylvania issued a June 20th news release stating that Erie Coke Corporation (“ECC”) has pleaded guilty in federal court to two counts related to alleged criminal...more

ArentFox Schiff

Supreme Court Allows Fuel Producers to Contest California’s Emissions Rules

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For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver....more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

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On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

Jenner & Block

New EPA Proposal Targets Rollback of Power Plant Emissions Rules

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Two weeks ago, the Environmental Protection Agency (EPA) released its proposed repeal of the rules governing greenhouse gas emissions from fossil fuel-fired power plants. Included within the proposal is a new legal...more

Foley Hoag LLP - Energy & Climate Counsel

EV Roundup - June 2025

The EV industry continues to face federal regulatory and political uncertainty and now, the clock is ticking on the Inflation Reduction Act’s electric vehicle (EV) tax credits and incentives. The recently proposed House and...more

Holland & Knight LLP

Up in the Air: SCOTUS Creates New Venue Test for Clean Air Act Cases

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The U.S. Supreme Court issued a pair of decisions in EPA v. Calumet Shreveport Refining and Oklahoma v. EPA on June 18, 2025, resolving two related circuit splits regarding proper venue for challenging certain U.S....more

Beveridge & Diamond PC

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

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On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has...more

ArentFox Schiff

Supreme Court Clarifies Venue Rules for Clean Air Act Challenges

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US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...more

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

Air Enforcement: Missouri Department of Natural Resources and Saint Louis County Dry Minerals Products Mixing/Packaging Plant...

The Missouri Department of Natural Resources (“MDNR”) and Quickrete Companies, LLC (“QC”) entered into a May 12th Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No APCP-2025-026....more

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

Citizen Suit Action/Clean Air Act: Southern Environmental Law Center Notice of Intent to Sue Memphis, Tennessee Data Center

The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more

Epstein Becker & Green

Federal Jurisdiction and Review Standards at Issue in Cases Ranging from Terrorism to Tobacco - SCOTUS Today

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With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more

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