News & Analysis as of

Greenhouse Gas Emissions Environmental Protection Agency

EPA Ends “Once In, Always In” Policy For Sources That Emit Hazardous Air Pollutants

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Changes Continue in EPA's Air Program

by Burr & Forman on

In late January, EPA issued a guidance memorandum related to major sources under § 112 of the Clean Air Act that will likely reduce participation in the program. ...more

Trump Administration Rolls Back Climate Change Initiatives

As expected, the Trump administration has been actively engaged in efforts to reverse the federal government’s regulatory direction with respect to climate change. In 2017, President Donald Trump announced plans to withdraw...more

Wrap-Up of Federal and State Chemical Regulatory Developments, January 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Lynn L. Bergeson, “Resetting The TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017: On August 11, 2017, the U.S. Environmental Protection Agency (EPA)...more

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Clare Kindall Declares Candidacy for Connecticut Attorney General- Democrat Clare Kindall, an Assistant AG at the Connecticut AG’s office, announced her bid for Connecticut AG in 2018. ...more

Trump’s Busy Year on Energy and the Environment

by Kelley Drye & Warren LLP on

During his first year in Washington, President Trump made his mark on energy and environmental issues by issuing executive orders (EOs), proclamations, and presidential memoranda. Seeking to undo regulations enacted during...more

Closing Out 2017, EPA, BLM and BSEE Provide Public Notice of Significant Regulatory Actions

Public notice of some very significant regulatory actions has been provided in the waning days of 2017. 1. On December 28, the Environmental Protection Agency (EPA) published an Advance Notice of Proposed Rulemaking...more

Shareholder Activism on Climate Is Only Going to Increase

While EPA continues to go backwards on climate, evidence continues to mount that investors are only going to get more aggressive. There were two developments worth noting this month. First, Bloomberg Markets reported that...more

EPA Takes Initial Step to Replace Clean Power Plan

by Miles & Stockbridge P.C. on

Uncertainty and speculation have swirled over the last few months regarding whether U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt would replace the Clean Power Plan (CPP) after proposing to repeal the...more

EPA Solicits Input on Greenhouse Gas Emissions Limits for Existing Electric Utility Generating Units

by Husch Blackwell LLP on

On December 18, 2017, EPA Administrator Scott Pruitt signed an advanced notice of proposed rulemaking (“ANPRM”) to solicit input regarding the emissions guidelines limiting greenhouse gas (“GHG”) emissions from existing...more

EPA Seeks Comments on Clean Power Plan Replacement

by Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) released an Advanced Notice of Proposed Rulemaking (ANPR) on Dec. 18, 2017, soliciting comments on its intention to propose a replacement rule for the Clean Power Plan (CPP). The...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Louisiana State Implementation Plan

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions

by Thompson Coburn LLP on

On December 7, 2017, EPA Administrator Scott Pruitt issued a memorandum entitled, “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in...more

The Climate Report - Fall 2017

by Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Lights Out For The Clean Power Plan

by Bryan Cave on

On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15

On November 15, the ruling of the U.S. Court of Appeals for the D.C. Circuit that invalidated the U.S. EPA’s rule exempting hog, chicken, dairy cow and other concentrated animal feeding operations (CAFOs) from reporting air...more

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

Sometimes Guidance Actually Provides Guidance

As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued,...more

EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

by K&L Gates LLP on

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

The Mexichem Conjecture: Regulating HFCs under CAA ... or TSCA?

by Beveridge & Diamond PC on

Since 1994, EPA has regulated hydrofluorocarbons (HFCs), which are potent greenhouse gases, through several programs under Title VI of the Clean Air Act (CAA) governing stratospheric ozone protection. In a recent decision,...more

EPA Proposes to Repeal the Clean Power Plan

by White & Case LLP on

The United States Environmental Protection Agency’s (the "EPA's") October 10, 2017, proposed repeal of the Clean Power Plan (the "CPP") will hinder prior federal efforts under the Obama Administration to curb greenhouse gas...more

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