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
One hundred environmental organizations transmitted an April 21st letter to the United States Environmental Protection Agency (“EPA”) Administrator asking that the federal agency: …maintain and promptly implement a vital,...more
When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory...more
The National Association of Clean Air Agencies (“NACAA”) issued a document titled: Recommendations for FY 2026 Federal Grant Funding for State and Local Clean Air Agencies (“Recommendations”)....more
The American Chemistry Council (“ACC”) and American Fuel & Petrochemical Manufacturers (“AFPM”) sent a March 31st letter to the United States Environmental Agency (“EPA”) requesting: …a two-year exemption from the...more
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to...more
Effective May 2024, EPA tightened the annual health-based National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) from 12.0 µg/m3 to 9.0 µg/m3. This change was made after a review of the available...more
Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
The Environmental Protection Agency announced March 12 it set up an e-mail account allowing the regulated community to request a presidential exemption under Section 112(i)(4) of the Clean Air Act (“CAA”)....more
In an unprecedented move, the Trump administration established an electronic mailbox to allow the regulated community to request a Presidential Exemption to certain requirements of the Clean Air Act (CAA). Under Section...more
Sixteen Democratic AGs and the Harris County Attorney (Houston, Texas) have filed a motion to intervene in a lawsuit brought by industry groups challenging the EPA’s denial of their petition for reconsideration of the...more
The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more
Vehicle manufacturers and operators in California are no stranger to complex regulations, with the California Air Resources Board’s (CARB) history of pioneering mobile emission regulations. ...more
The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more
Harris County, Texas filed a March 10th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related to the Lubrizol Corporation’s Deer Park Plant (“Plant”)....more
The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and...more
The Missouri Department of Natural Resources (“MDNR”) and Mac’s Convenience Stores LLC (“Mac’s”) entered into a February 26th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air...more
What You Need to Know in a Minute or Less - Emerging contaminants are synthetic or natural chemicals that have not been fully assessed from a health or risk perspective and are reportedly finding their way into consumer...more
The Tennessee Air Pollution Control Board issued a February 24th Technical Secretary’s Proposed Order and Assessment of Civil Penalty (“Order”) to Bonnell Aluminum, Inc. (“Bonnell”) addressing an alleged Air Permit violation....more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Cottonseed Co Op Corporation (“CCC”) entered into an October 25th Agreed Order (“AO”) addressing alleged violations of a Title V Operating Permit. See Order No....more
In the face of the Trump administration’s hostility toward California’s Clean Air Act waivers in general, CARB withdrew its request to EPA for a waiver for the Advanced Clean Fleets (ACF) regulation on January 13, 2025....more
Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies. eNGOs...more
Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more
The Tennessee Air Pollution Control Board (“Board”) issued a January 22nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Smyrna Ready Mix Concrete, LLC (“Smyrna”) addressing an alleged violation of...more