News & Analysis as of

National Ambient Air Quality Standards

Ozone NAAQS/Clean Air Act: Earthjustice Files Suit Against U.S. Environmental Protection Agency Alleging Violation of Ozone...

The environmental organization Earthjustice filed a Federal District Court lawsuit in the United States District Court for the Northern District of California against the United States Environmental Protection Agency (“EPA”)...more

Arkansas Department of Environmental Quality Office of Air Quality Newsletter: Fall 2017 Edition

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality publishes a quarterly newsletter (“Newsletter). The Fall 2017 edition was recently published....more

U.S. Environmental Protection Agency Proposed Rule to Approve Arkansas Clean Air Act State Implementation Plan: November 20th...

The United States Environmental Protection Agency (“EPA”) issued a November 20th Federal Register Notice containing a proposed rule that would approve an Arkansas Clean Air Act State Implementation Plan (“SIP”). See 82 Fed....more

2015 Ground-Level Ozone National Ambient Air Quality Standards: Arkansas Department of Environmental Quality Notes State-Wide...

The Arkansas Department of Environmental Quality announced that the United States Environmental Protection Agency (“EPA”) has stated that Arkansas is in attainment state-wide with the 2015 Ground-Level National Ambient Air...more

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Draft FY 2018 – 2022 EPA Strategic Plan: October 31st Association of Air Pollution Control Agencies Comments

The Association of Air Pollution Control Agencies (“AAPCA”) submitted October 31st comments on the United States Environmental Protection Agency’s (“EPA”) Draft FY 2018 – 2022 Strategic Plan (“Plan”). EPA states the Plan...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

Arkansas' 1-hr SO2 Saga!!: Stuart Spencer (Arkansas Department of Environmental Quality) Association of Air Pollution Control...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer, undertook a presentation at the 2017 Fall Business Meeting of the Association of Air Pollution Control Agencies...more

Clean Air Act: Maryland Attorney General Federal District Lawsuit Alleging U.S. Environmental Protection Agency Failure to Act on...

Maryland Attorney General Brian E. Frosh (“AG”) filed a Complaint in the United States District Court for the District of Maryland alleging a violation of the Clean Air Act by the United States Environmental Protection Agency...more

Arkansas State Implementation Plan Revisions/Minor New Source Review: September 18th U.S. Environmental Protection Agency Federal...

The United States Environmental Protection Agency (“EPA”) published a September 18th Federal Register Notice proposing approval of revisions to the Arkansas State Implementation Plan (“SIP”) which modify the Chapter 4 Minor...more

Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the...more

What’s a Court to Do When EPA Misses a Statutory Deadline?

Earlier this week, a divided 9th Circuit Court of Appeals affirmed entry of a consent decree between the Sierra Club and EPA, resolving litigation over EPA’s failure to promulgate attainment designations for the sulfur...more

Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Snell & Wilmer on

The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more

Article: June 2017: Energy Litigation Update

New Administration Leads to Pause of Major Energy-Related Litigation. In March, President Trump signed an executive order directing the Environmental Protection Agency (“EPA”) to “suspend, rescind, or revise” several...more

Reducing Ozone Regulation Costs Under the New Administration

by Latham & Watkins LLP on

New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more

"Legislative, Regulatory and Judicial Challenges to the 2015 Ozone National Ambient Air Quality Standards"

President Donald Trump has expressed a strong opposition to many federal environmental regulatory programs and the work of the Environmental Protection Agency (EPA) during Barack Obama's presidency. His nominee for EPA...more

Forecast for Energy and Environment Regulations

by Holland & Knight LLP on

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

Patience and Perseverance Paves the Way for Air-izona

by Snell & Wilmer on

John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.” This is certainly apropos for Arizona in light of recent federal actions...more

EPA Eliminates “But For” Causation From the Exceptional Events Rule: Tort Professors Everywhere Get Excited

On Monday, EPA promulgated amendments to its “Exceptional Events” Rule. The rule is important, particularly in the Western states, and most particularly in connection with EPA’s latest iteration of the ozone NAAQS. EPA’s...more

EPA Rule Encouraging for Industrial Development in Several Georgia Counties

On September 6, 2016, the Environmental Protection Agency issued a final rule re-designating fourteen counties in Georgia from “non-attainment” to “unclassifiable/attainment” for particulate matter under the Clean Air Act....more

The Clean Air Act Creates a Nightmare for Yuma County

by Snell & Wilmer on

We have all heard, and likely even experienced its meaning on numerous occasions, the old adage of being stuck between a rock and a hard place. Finding oneself in this position is most unpleasant as it means there are no...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2016

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/IRIS/NTP/TRI - EPA Launches Advisory Panels: On June 15, 2016, the U.S. Environmental Protection Agency (EPA) launched two advisory panels designed to facilitate small businesses to provide feedback to EPA...more

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

by Snell & Wilmer on

On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more

EPA Solicits Comments on Next Steps Toward Designating Regions Needing Stricter Controls of Sulfur Dioxide Air Emissions

by Ballard Spahr LLP on

The U.S. Environmental Protection Agency (EPA) is requesting comment by March 31, 2016, on its intention to designate previously uncharacterized areas of the country with particularly large sources of sulfur dioxide (SO2)...more

Something in the Air at the EPA: The McGuireWoods 2016 Clean Air Act (P)review

by McGuireWoods LLP on

Even in this election year, the Obama administration is moving forward with its Clean Air Act (CAA) agenda. While the Environmental Protection Agency’s (EPA’s) final Clean Air Act 111(d) rule for cutting greenhouse gas...more

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