News & Analysis as of

Clean Air Act Environmental Protection Agency

Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread....more

The Mexichem Conjecture: Regulating HFCs under CAA ... or TSCA?

by Beveridge & Diamond PC on

Since 1994, EPA has regulated hydrofluorocarbons (HFCs), which are potent greenhouse gases, through several programs under Title VI of the Clean Air Act (CAA) governing stratospheric ozone protection. In a recent decision,...more

EPA Proposes Repeal of Clean Power Plan

by Beveridge & Diamond PC on

On October 10, 2017, EPA Administrator Scott Pruitt signed a notice of proposed rulemaking (“proposed rule”) repealing the Clean Power Plan (“CPP”). Repeal of Carbon Pollution Emission Guidelines for Existing Stationary...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections Democrat Sharon Fairley Declares Run for Illinois Attorney General- Democrat Sharon Fairley, former chief administrator of Chicago’s Civilian Office of Police Accountability, announced her candidacy in the...more

EPA Opens Public Comment Period for Its Clean Power Plan “Repeal” Proposal

by Morrison & Foerster LLP on

On October 10, 2017, the Trump Administration took another step in its efforts to unwind U.S. climate change policy. The announcement presented little surprise and provided little substance as it provided limited additional...more

Trump Track: EPA Moves on its Plan to Repeal [and Eventually Replace?] the Clean Power Plan

by Davis Wright Tremaine LLP on

On October 10, 2017, EPA announced it is taking steps to repeal the Clean Power Plan (CPP), regulations put in place in 2015 which requires existing power plants to roll back their CO2 emissions by 2030. EPA is taking the...more

DOE’s Grid Resiliency Pricing Rule Offers Hope for Nearly Extinct Coal, Nuclear Plants

by Holland & Knight LLP on

The U.S. Department of Energy’s recently-proposed grid resiliency rule offers new hope for nearly-extinct coal plants and endangered nuclear power plants operating in competitive organized wholesale power markets and, if...more

U.S. EPA Moves to Repeal Clean Power Plan

by Stoel Rives LLP on

In a much-anticipated move, the U.S. Environmental Protection Agency (EPA) is proposing repeal of the Clean Power Plan (CPP). The draft proposed rule outlines EPA’s revised interpretation of its authority under Clean Air Act...more

EPA Region 1 Increasingly Targeting Ammonia Refrigeration Processes for RMP and General Duty Clause Enforcement

by Beveridge & Diamond PC on

Over the course of 2017, U.S. EPA Region 1 has settled several significant enforcement matters arising under the risk management provisions of the Clean Air Act, Section 112(r). The risk management requirements are intended...more

Arkansas Department of Environmental Quality 2017 Annual Monitoring Network Plan (Air): October 3rd U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) sent an October 3rd letter to Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer approving the agency’s...more

SNAP! D.C. Circuit Greenhouse Gas Decision a Win for Industry

by Williams Mullen on

Industries that manufacture products containing hydrofluorocarbons (HFCs), such as aerosol cans, refrigerators, automobile air conditioners, building insulation and fire extinguisher foams, can breathe easier this month...more

Court Vacates EPA Stay of Methane Emissions Final Rule

by Clark Hill PLC on

The U.S. Court of Appeals for the District of Columbia Circuit recently held that the Environmental Protection Agency (EPA) lacked authority under the Clean Air Act (CAA) to stay a final rule concerning methane and other...more

Clean Air Act: Maryland Attorney General Federal District Lawsuit Alleging U.S. Environmental Protection Agency Failure to Act on...

Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...more

D.C. Court of Appeals Rejects EPA Attempt to Regulate Greenhouse Gases Through Restrictions on Hydrofluorocarbons

by Clark Hill PLC on

In 1987, the United States signed the Montreal Protocol (Protocol). The Protocol is an international agreement that has been ratified by every nation that is a member of the United Nations. The Protocol requires nations to...more

Animal Feeding Operations Emission Estimation Methods: U.S. Environmental Protection Agency Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a September 19th report titled: Eleven Years After Agreement, EPA Has Not Developed Reliable Emission Estimation...more

Arkansas State Implementation Plan Revisions/Minor New Source Review: September 18th U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a September 18th Federal Register Notice proposing approval of revisions to the Arkansas State Implementation Plan (“SIP”) which modify the Chapter 4 Minor...more

Hurricane Irma Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins in Florida, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - EPA Adopts 2017 NAICS Codes For TRI: On August 16, 2017, the U.S. Environmental Protection Agency (EPA) announced that it is updating the list of North American Industry Classification System (NAICS) codes...more

EPA Seeks Public Comment on Re-Opened Midterm Review of MY 2022-2025 Greenhouse Gas Standards and MY 2021 Standards

by King & Spalding on

On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more

Regional Haze/Nitrogen Oxide: U.S. Environmental Protection Agency Proposal to Approve Arkansas State Implementation Plan Revision

The United States Environmental Protection Agency (“EPA”) issued a September 11th Federal Register Notice proposing to approve a revision to the Arkansas Regional Haze State Implementation Plan (“SIP”) submitted by the...more

U.S. Environmental Protection Agency Office of Air and Radiation: William L. Wehrum Nominated to be Assistant Administrator

The United States Environmental Protection Agency (“EPA”) announced in a September 7th news release that William Wehrum has been nominated by the Trump Administration to serve as Assistant Administrator for the Office of Air...more

EPA Waives RFS Requirements For States Affected By Hurricane Harvey

by Bergeson & Campbell, P.C. on

On August 31, 2017, the U.S. Environmental Protection Agency (EPA) announced that requirements for reformulated gasoline and low volatility gasoline would be waived through September 15, 2017, for Alabama, Florida, Georgia,...more

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Ketchikan, Alaska Facility Enter into Expedited Settlement...

The United States Environmental Protection Agency (“EPA”) and E.C. Phillips and Son, Inc. (“E.C. Phillips”) entered into an August 17th Expedited Settlement Agreement (“ESA”) addressing alleged violations of regulations...more

Hurricane Harvey Client Alert: Addressing Environmental Releases and Obligations

by Morgan Lewis on

As the cleanup begins, companies face challenges in meeting existing environmental obligations and addressing the environmental impacts of the storm....more

Cooperative Federalism Requires Cooperation From Both Sides

In 2011, the National Parks Conservation Association sued EPA for failure to enforce the regional haze requirements of the Clean Air Act. EPA and the NPCA settled in 2012, establishing a schedule by when SIPs or FIPs had to...more

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