Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The National Waste & Recycling Association (“NWRA”) submitted July 2nd comments to the United State Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) in...more
The Waste-to-Energy Association (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more
The Steel Manufacturers Association (“SMA”) submitted July 2nd comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Signification Deterioration (PSD) and...more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more
The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more
Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more
The Environmental Protection Agency on March 14 announced final amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) applicable to 90 large commercial sterilization facilities that use ethylene...more
Key Takeaways - • What Is Happening? On January 12, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to implement the Inflation Reduction Act’s (IRA) Methane Waste Emissions Charge (WEC)....more
We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
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
Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District...more
EPA is attempting to use the Clean Air Act (CAA) to immediately shut down a Louisiana manufacturer that is indisputably in compliance with the emissions limits in its state issued air permit. In its emergency request to a...more
The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more
The American Chemistry Council, American Fuel & Petrochemical Manufacturers, U.S. Tire Manufacturers Association, and Vinyl Institute (collectively “ACC”) submitted July 7th comments to the United States Environmental...more
On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more
A combined 82 Senators and Members of the United States House of Representatives sent a May 22nd letter to United States Environmental Protection Agency Administrator Michael Regan addressing certain aspects of EPA’s proposed...more
In Short - The Situation: The Environmental Protection Agency ("EPA") has issued proposed rules to limit carbon dioxide ("CO2") emissions from fossil fuel-fired power plants (the "Proposed Rules")....more
The United States Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“Proposal”) in the May 22nd Federal Register that would amend certain parts of the Greenhouse Gas Reporting...more
In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued the notice of proposed rulemaking for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (the “proposed...more
After years of delays – largely due to the COVID-19 pandemic – on April 11, 2023, the U.S. Environmental Protection Agency finally issued two proposals that would reduce ethylene oxide (EtO) emissions affecting fence-line...more
Last week, the U.S. Environmental Protection Agency (EPA) issued a 444-page pre-publication summary of new proposed rules intended to reduce hazardous air emissions from chemical manufacturers in the Synthetic Organic...more