News & Analysis as of

Clean Air Act Administrative Authority

Skadden, Arps, Slate, Meagher & Flom LLP

West Virginia v. EPA: Implications for Climate Change and Beyond

Key Points - The U.S. Supreme Court’s decision in West Virginia v. EPA limits the EPA’s options for regulating greenhouse gas emissions, but the agency can still pursue emission reductions at individual power plants and other...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

Holland & Knight LLP

Supreme Court Limits Power of EPA, Regulatory Agencies for Greenhouse Gas Emissions

Holland & Knight LLP on

The U.S. Supreme Court issued a long-anticipated ruling on June 30, 2022, regarding the authority of the U.S. Environmental Protection Agency (EPA) and other federal agencies to regulate greenhouse gas emissions from power...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

Williams Mullen on

In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Stinson LLP

California Communities Against Toxics: The "Continuing Project" of Clarifying Administrative Law

Stinson LLP on

In California Communities Against Toxics v. EPA, the U.S. Court of Appeals for the DC Circuit issued an opinion that may have a lasting impact on administrative agencies’ use of guidance memos and policy statements. For...more

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

State Air Trends & Successes - The StATS Report: The Association of Air Pollution Control Agencies Report

The Association of Air Pollution Control Agencies (“AAPCA”) has issued the 2019 edition of its annual report titled: State Air Trends & Successes - The StATS Report (“Report”) ...more

Foley Hoag LLP - Environmental Law

EPA Must Evaluate Job Losses From Its Regulations: Blame Ralph Nader!

Last week, Judge John Preston Bailey ruled that EPA had violated a non-discretionary duty by failing comply with the requirement of § 321(a) of the Clean Air Act that it...more

Eversheds Sutherland (US) LLP

Federal Court Orders EPA to Evaluate Job Losses from Air Regulations

On October 17, the U.S. District Court for the Northern District of West Virginia ruled in favor of Murray Energy Corporation (Murray) in its section 321 suit against the U.S. Environmental Protection Agency (EPA). The court...more

Bracewell LLP

EPA Advances Climate Goals by Expanding Refrigerant Regulations

Bracewell LLP on

On September 26, 2016, EPA released a Final Rule updating the Agency’s Refrigerant Management Program... ..The Final Rule is scheduled to become effective January 1, 2017 and, for the first time, expands the requirements...more

Foley Hoag LLP - Environmental Law

Forecast is Hazy For EPA’s Regional Haze Oversight Authority

Earlier this month, the 5th Circuit Court of Appeals stayed EPA’s disapproval of the Texas and Oklahoma regional haze state implementation plans, as well as EPA’s promulgation of its own federal implementation plan. The...more

Foley Hoag LLP - Environmental Law

Does the Paris Agreement Provide EPA With Authority Under the CAA To Impose EconomyWide GHG Controls? Count Me Skeptical

In a very interesting article, Michael Burger of the Sabin Center and his co-authors suggest that, following the Paris climate agreement, § 115 of the Clean Air Act provides authority for EPA to develop economy-wide GHG...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

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