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Environmental Policies Environmental Protection Agency (EPA) Waivers

Morgan Lewis

Environmental Protection Agency Reinstates California Emissions Waiver

Morgan Lewis on

In a move that was telegraphed at the outset of the Biden-Harris administration, the US Environmental Protection Agency announced March 9 that it is reversing a Trump-era decision to revoke California’s authority to set...more

Foley Hoag LLP - Environmental Law

The Other Shoe Drops - EPA Formally Announces Its Reconsideration of the Withdrawal of the California Preemption Waiver

I noted in yesterday’s post about the NHTSA proposal to withdraw the SAFE I Rule that EPA was expected to follow the NHTSA action by restoring the Clean Air Act Section 209 waiver for California’s Advanced Clean Car program....more

Foley Hoag LLP - Environmental Law

The SAFE Rule Is On the Way Out - I Don’t Feel Any Less Safe

Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more

Stoel Rives LLP

Alaska Department of Environmental Conservation Issues No Action Assurance Memorandums in Response to COVID-19 Caused...

Stoel Rives LLP on

Last week, the Alaska Department of Environmental Conservation (“ADEC”) issued two No Action Assurance Memorandums, one from the Division of Water (“Water Memo”) and one from the Division of Air Quality (“Air Memo”), to...more

Brownstein Hyatt Farber Schreck

EPA Issues Enforcement Discretion Policy During COVID-19

The Environmental Protection Agency (EPA) has issued a memorandum describing how and when the Agency will implement temporary enforcement discretion for certain federal environmental noncompliance during the COVID-19...more

McGuireWoods LLP

EPA Indicates That It May Relax Enforcement Measures For Narrow Categories Of Environmental Legal Obligations Occurring After...

McGuireWoods LLP on

On March 26, 2020, the U.S. Environmental Protection Agency announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some have incorrectly interpreted this...more

Bricker Graydon LLP

Potential impacts of H.B. 197 on Ohio EPA regulated entities

Bricker Graydon LLP on

H.B. 197, passed by the Ohio Senate and the Ohio House and now awaiting Governor DeWine’s signature, includes several provisions that may impact entities or communities regulated by Ohio EPA. First, Section 27 of H.B. 197...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Pierce Atwood LLP

EPA Approves Maine's NOx Waiver Request – VOC Waiver Request Still Pending

Pierce Atwood LLP on

Since the mid-1990s, Maine has had an EPA-approved waiver from the ozone nonattainment new source review (NNSR) requirements for NOx covering, at a minimum, areas of the state that attain the ozone standard. The NOx waiver...more

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