Power Play: Navigating EPA's New Rulebook - Energy Law Insights
Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Rewriting the Rules: The Supreme Court's Landmark Decision on Clean Water Act Permits
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
PFAS: Increasing Regulations and Managing Legal Liability
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The Current and Future Landscapes of EPA Criminal and Civil Enforcement
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
One-on-One with David Fotouhi, Acting General Counsel at the EPA
Volatile Times in Vapor Intrusion Regulation: A Legal and Technical Update
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
A Michigan District Court recently found that shared services agreements between parent companies and their subsidiaries made parents potentially liable for environmental claims against their subsidiaries. The court held that...more
What Happened - Senator Mike Lee (R-UT), Chairman of the Senate Committee on Energy and Natural Resources, recently introduced legislation that would eliminate citizen suits under the federal Clean Air Act (CAA). The Fair...more
Join Troutman Pepper Locke's Gerry Pels and Elizabeth Corey as they explore the proposed rulemakings in the EPA that aim to roll back the emissions and performance standards for electric generating units (EGUs), or power...more
The United States Environmental Protection Agency (“EPA”) published on August 22nd an interim final rule/request for comment providing for the temporary use of incineration units subject to commercial and industrial solid...more
Co-Author Max McCastlain The Court of Appeals of Louisiana in a November 3rd Opinion addressed issues arising out of a community organization’s petition to intervene in an action involving an air permit appeal. See Clean...more
Work to find and stop methane emissions is getting a $100-million boost, with an investment aimed at expanding satellite monitoring and helping countries adopt policies to rein in releases of the potent greenhouse gas....more
United States Senator Mike Lee of Utah introduced legislation titled: The Fair Air Enforcement Act....more
Owners and operators of facilities subject to permitting under the Clean Air Act’s Title V permit program have cause for rejoicing. Title V permittees have just seen their fortunes improve, if only in a narrow way, with the...more
Over the summer, the White House released its “AI Action Plan,” setting forth a host of policy pronouncements for the advancement and support of U.S. dominance in AI. One of the policy “pillars” should have all environmental...more
Lately, much of the conversation around AI has centered on the infrastructure necessary to power AI. In particular, the conversation has focused on the need for data centers—more data centers, larger data centers, more...more
After fifteen years, three interim judgments ranging from $0 to $20 million, three appeals, an en banc review, and a writ for cert., Env't Tex. Citizen Lobby, Inc. v. ExxonMobil Corp.1 has given new meaning to exhaustion in...more
The Sierra Club and other organizations filed in the United States District Court for the Northern District of California (“Court”) a September 2nd Complaint for Injunctive and Declaratory Relief (“Complaint”) against the...more
Key Takeaways What Happened? The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently overturned the U.S. Environmental Protection Agency’s (EPA’s) 2023 final rule rescinding the affirmative...more
The D.C. Circuit held that EPA failed to adequately justify its rescission of the longstanding affirmative defense for emergency-related emissions exceedances under the Clean Air Act’s Title V program. The Court emphasized...more
In Diamond Alternative Energy, LLC v. Environmental Protection Agency, the Supreme Court held that fuel producers have standing to sue the Environmental Protection Agency for approving California regulations that would...more
A South Carolina State Court judge in City of Charleston v. Brabham Oil Company, Inc., et al., dismissed on Aug. 6 an action against nearly two dozen oil and gas companies. The suit, initially filed in 2020, alleged the...more
On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The...more
On September 5, 2025, the D.C. Circuit Court of Appeals in SSM Litigation Group v. Environmental Protection Agency, et al., Case No. 23-1267 (D.C. Cir. 2025), reversed the Environmental Protection Agency's (EPA) rescission of...more
In recent years, ethylene oxide (EtO) has emerged as a focal point in environmental and regulatory discussions due to its dual role as a critical sterilizing agent and a human carcinogen. Widely used in commercial...more
The DC Circuit Court of Appeals decided on September 5, 2025, that the U.S. Environmental Protection Agency (EPA) erred in implementing its 2023 Final Rule on “Removal of Title V Emergency Affirmative Defense Provisions From...more
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more
On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more
As reported previously, we anticipate environmental nongovernmental organizations (eNGOs) to file more citizen suits in response to reduced federal enforcement by the U.S. Environmental Protection Agency (EPA). Some eNGOs...more
California's ability to set its own vehicle emission standards under its Clean Air Act waiver of federal preemption is in jeopardy given three joint congressional resolutions signed into law by President Trump on June 12,...more
On August 6, 2025, a South Carolina Court of Common Pleas judge dismissed the City of Charleston's lawsuit against more than 20 fossil fuel manufacturers, retailers, and pipelines, seeking to recover for alleged harms related...more