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Environmental Protection Agency (EPA) Waivers

Alston & Bird

California’s Advanced Clean Fleets Regulation Under Attack

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California’s ambitious zero-emission, heavy-duty truck regulations face new legal challenges. Our Environment, Land Use & Natural Resources Group outlines the status of California’s Advanced Clean Fleet (ACF) Regulation,...more

Bergeson & Campbell, P.C.

EPA Issues Emergency Fuel Waiver for E15 Sales (Updated)

The U.S. Environmental Protection Agency (EPA) announced on April 19, 2024, that it issued an emergency fuel waiver for E15 sales. EPA states that the waiver will help consumers protect themselves against fuel supply shocks...more

Foley & Lardner LLP

The Rubber Meets the Road on State and Federal Vehicle Emissions Strategies

Foley & Lardner LLP on

March and April have been busy months for vehicle emission regulation in the U.S. On March 20 and March 29 respectively, the U.S. Environmental Protection Agency (U.S. EPA) issued a set of final emission rules setting...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 3 - July 11th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 2 - June 13th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Braumiller Law Group, PLLC

[Ongoing Program] Build America-Buy America - Part 1 - May 9th, 10:00 am - 11:30 am CST

Case Studies for Build America, Buy America Infrastructure Projects – Review of recent changes to government procurement and Buy America laws relating to infrastructure projects. Includes case studies covering construction...more

Latham & Watkins LLP

CARB Finalizes Zero-Emission Auto Rules

Latham & Watkins LLP on

California continues to push toward its statewide carbon-neutrality goals. On August 25, 2022, the California Air Resources Board (CARB) unanimously approved regulations that require all new 2035 and later passenger...more

Schwabe, Williamson & Wyatt PC

EPA’s Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule Could Cause Ripple Effects With Project...

On June 1, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would modify its requirements for water quality certification under Clean Water Act (CWA) Section 401 (the “Proposed Rule”). The...more

ArentFox Schiff

EPA Restores California’s Clean Air Act Waiver, Allowing the State to Set Its Own Motor Vehicle Emissions Standards

ArentFox Schiff on

On March 9, 2022, the US Environmental Protection Agency (EPA) rescinded a rule promulgated by the Trump Administration and revived California’s Clean Air Act waiver, allowing the state to set its own greenhouse gas emissions...more

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

Cozen O'Connor

Republican Attorneys General Oppose Reinstatement Of California’s Clean Air Act Waiver

Cozen O'Connor on

A group of 16 Republican AGs, led by Ohio AG Dave Yost, sent a comment letter to the U.S. Environmental Protection Agency (“EPA”) urging it to not reinstate California’s waiver under the Clean Air Act, which the letter argues...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

Downey Brand LLP

California Air and Climate Vol 18: EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations Upheld; Phasing Out...

Downey Brand LLP on

Ninth Circuit Upholds U.S. EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations - On February 10, 2021, the U.S. Court of Appeals for the Ninth Circuit denied a challenge to the U.S. Environmental Protection...more

Foley & Lardner LLP

California’s Drive for Zero-Emission Vehicles Continues

Foley & Lardner LLP on

On September 23rd, Governor Gavin Newsom issued a precedent-setting executive order cementing California’s continued effort to take the lead on clean vehicle policy. Executive Order N-79-20 establishes as a goal that, where...more

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

COVID-19: EPA Answers Frequently Asked Questions Related to Coronavirus

The United States Environmental Protection Agency (EPA) has created a webpage devoted to providing answers to frequent questions related to Coronavirus (COVID-19). The information provided was last updated by EPA on April...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

Miles & Stockbridge P.C.

Federal Appeals Court Limits U.S. EPA’s General Waiver Authority under the Renewable Fuel Standards Program

In a recent decision, the U.S. Court of Appeals for the District of Columbia Circuit determined that the U.S. Environmental Protection Agency (U.S. EPA) wrongly invoked its general waiver authority and set the volumes for...more

Williams Mullen

Williams Mullen Construction Industry Newsletter - Spring 2016

Williams Mullen on

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and...more

Bergeson & Campbell, P.C.

EPA Announces 2014/2015 Cellulosic Waiver Credit Prices, New Direct Final Rule

On March 25, 2015, EPA announced the direct final rule, Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit Price and Minor Amendments to Renewable Fuel Standard Regulations, that would result in cellulosic...more

Pierce Atwood LLP

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

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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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