News & Analysis as of

Clean Air Act State and Local Government Environmental Policies

Hogan Lovells

Senate effectively blocks California’s “EV Mandate” and related waivers using Congressional Review Act

Hogan Lovells on

On May 22, 2025, the Senate passed several joint resolutions to disapprove the Environmental Protection Agency’s (EPA’s) Clean Air Act (CAA) waiver of preemption for California’s Advanced Clean Cars II (ACC II), Advanced...more

Allen Matkins

California Environmental Law & Policy Update 5.9.25

Allen Matkins on

The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more

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

Community Air Monitoring and Notification System Task Force: Louisiana Department of Environmental Quality Releases Final Report

The Louisiana Department of Environmental Quality (“LDEQ”) issued an April 28th news release announcing the release of the Final Report on the Community Air Monitoring and Notification System Task Force (“Task Force”)....more

Cozen O'Connor

Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

Cozen O'Connor on

A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more

Vorys, Sater, Seymour and Pease LLP

Why Ohio Businesses Should Continue Environmental Compliance Efforts Amid Federal Shifts

Why Ohio businesses should continue environmental compliance efforts amid federal shifts - During the first Trump administration, federal regulatory policies experienced significant changes under a policy of pro-industry...more

BCLP

PFAS Air Emissions Restrictions

BCLP on

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

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

FY 2026 Federal Grant Funding for State and Local Clean Air Agencies: National Association of Clean Air Agencies Recommendations

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

Snell & Wilmer

EPA Steps Back, Arizona Moves Forward

Snell & Wilmer on

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

Verrill

Implications of Trump Executive Orders for Massachusetts Environmental Justice Programs 

Verrill on

On the first day of his Presidency, among 26 other Executive Orders that day, Donald Trump issued his Unleashing American Energy Executive Order rescinding President Biden’s Executive Order 14096 of April 21, 2023...more

Mintz - ML Strategies

Potential Fallout if Endangerment Finding Is Rescinded

Mintz - ML Strategies on

On March 13, the Environmental Protection Agency (EPA) announced it would move forward with reconsideration of the Greenhouse Gas Endangerment Finding (Endangerment Finding) as directed in President Trump’s Executive Order...more

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

Title V/Clean Air Act: Harris County, Texas Petition to Object Filed Addressing Deer Park Chemical Manufacturing Facility

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

Goldberg Segalla

New York Fighting the Federal Government to Clear the Air on Congestion Pricing

Goldberg Segalla on

Ask any New Yorker what their top five complaints are about the city and either “traffic” or “gridlock” (or both) are all but certain to be represented. Indeed, you don’t get to be called “the Business Capital of the World”...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Jonestown Cottonseed Oil Mill Owner Enter into Agreed Order

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

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

Troutman Pepper Locke on

A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more

Morrison & Foerster LLP

Advanced Clean Fleets Regulations No Longer in Force for Most Fleet Operators and Owners

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

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

Air Enforcement; Missouri Department of Natural Resources and West Plains Lumber Coating Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and AHF, L.L.C. d/b/a AHF of Pennsylvania, LLC (“AHF”) entered into a February 11th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri...more

Mintz

Red State AGs Sue New York State in Challenge to Climate Change Superfund Act

Mintz on

In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...more

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

Troutman Pepper Locke on

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

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Bradley County Ready Mix Concrete Facility

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

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

Air Enforcement: Missouri Department of Natural Resources and Malden Power Station Enter into Administrative Order on Consent

The Missouri Department of Natural Resources (“MDNR”) and the City of Malden d/b/a Malden Municipal Power and Light (“MMP&L”) entered into a January 15th Administrative Order on Consent (“AOC”) addressing an alleged violation...more

Morris James LLP

An Endangered Species: Delaware environmental policy and permitting

Morris James LLP on

State environmental policy will impact Delawareans’ quality of life and the state’s ability to attract and retain high quality jobs for years to come. Existing businesses as well as new ones rely on a rational environmental...more

Benesch

Colorado LER Reporting Deadline Extended for Brokers, Motor Carriers, Freight Forwarders & Private Fleets

Benesch on

Motor carriers, brokers, freight forwarders and private fleets that are required to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of...more

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

Nominee for U.S. Environmental Protection Agency Administrator - Lee Zeldin: National Association of Clean Air Agencies Letter of...

The National Association of Clean Air Agencies (“NACAA”) transmitted a December 18, 2024, letter to Lee Zeldin. Mr. Zeldin is President Trump’s nominee for Administrator of the United States Environmental Protection...more

Allen Matkins

California Withdraws Clean Air Act Waiver Requests for Vehicle Emissions Standards

Allen Matkins on

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the EPA needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use...more

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

Odor/Air Enforcement: Massachusetts Attorney General Files Judicial Action Against Grafton Animal Feed Dehydrator Operation

The Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more

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