News & Analysis as of

National Ambient Air Quality Standards Public Health

Goldberg Segalla

Won’t You Be My [Non-Emitting] Neighbor? SCOTUS Stays EPA’s Federal Emissions Plan for States

Goldberg Segalla on

Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more

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

Air Quality Standards Implementation Act of 2024: U.S. House of Representatives Passes Legislation Addressing NAAQS Development...

The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more

Quarles & Brady LLP

Industry not Breathing Easier Following Issuance of New Air Quality Standards for Fine Particulate Matter

Quarles & Brady LLP on

On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more

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

Particulate Matter/Revised National Ambient Air Quality Standard: 24 State Attorneys General (including Arkansas) Challenge U.S....

Twenty-four State Attorneys General filed a Petition for Review (“Petition for Review”) in the United States Court of Appeals for the District of Columbia Circuit challenging a United States Environmental Protection Agency...more

Troutman Pepper

EPA Lowers Annual PM2.5 NAAQS, With Immediate Impacts for Air Permitting

Troutman Pepper on

Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate...more

Goldberg Segalla

SCOTUS Poised to Shove Thy Neighbor on EPA Law

Goldberg Segalla on

In March 2023, the EPA issued its final Good Neighbor Plan, the last in a series of legislations designed to reduce emissions of ozone-forming nitrogen oxide (NO2) which cross state borders. Specifically, the Plan was...more

Ballard Spahr LLP

EPA Proposes to Extend Air Transport Rule to Five More States

Ballard Spahr LLP on

The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

Goldberg Segalla on

The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

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

Ozone/Clean Air Act: U.S. Environmental Protection Agency Announces New Review of National Ambient Air Quality Standard

The United States Environmental Protection Agency (“EPA”) announced it is initiating a new review of the Ozone National Ambient Air Quality Standard (“NAAQS”). EPA states it is taking this action based on advice provided...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

Bricker Graydon LLP on

On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

Robinson+Cole Environmental Law +

EPA’s Proposal to Tighten the Fine Particulate NAAQS: What's Proposed, Who's Potentially Impacted

On January 6, 2023, the U.S. Environmental Protection Agency (the EPA) released a pre-publication copy of a Proposed Rule, which will lower the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter...more

Foley Hoag LLP - Environmental Law

The Impact of Exposure to Leaded Gasoline Was Horrific: Will We Say the Same in 2050 About the Impact of PM2.5 Exposure?

An article in the Proceedings of the National Academy of Sciences (login required) has documented the devastating impact caused by the use of leaded gasoline. The study estimates that more than half of Americans alive in...more

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

PM 2.5/Soot/Clean Air Scientific Advisory Committee: Draft Letter Recommending Reconsideration of National Ambient Air Quality...

The Clean Air Scientific Advisory Committee (“CASAC”) sent a February 4th letter to the United States Environmental Protection Agency (“EPA”) addressing the following subject: CASAC Review of the EPA’s Policy Assessment for...more

Smith Gambrell Russell

Environmental Groups File Suit to Overturn “Do Nothing” (Ozone Standards)

Smith Gambrell Russell on

Environmental groups have sued the EPA to overturn its December 31st rule retaining Obama Era National Ambient Air Quality Standards (NAAQS) for ozone.  The suit alleges that the Trump EPA ignored science and mounting...more

Brownstein Hyatt Farber Schreck

D.C. Circuit Vacates Portions of EPA’s 2018 Ozone Implementation Rule

On Friday Jan. 29, 2021, the United States Court of Appeals for the D.C. Circuit in Sierra Club v. EPA, Case No. 15-1465, struck down several provisions in EPA’s 2018 rule implementing the 2008 National Ambient Air Quality...more

Foley Hoag LLP - Environmental Law

EPA Finalizes Decision to Retain the Existing PM2.5 NAAQS — Single Worst Environmental Decision of the Trump Administration?

Yesterday, EPA finalized its decision to retain the existing PM2.5 NAAQS of 12 ug/m3, rejecting substantial scientific evidence that PM2.5 causes significant harm at concentrations below 12 ug/m3. In fact, as noted in one of...more

Bricker Graydon LLP

U.S. EPA proposes to retain current particulate matter standards

Bricker Graydon LLP on

On April 14, 2020, U.S. EPA proposed to retain the current national ambient air quality standards (NAAQS) for particulate matter (PM) without revision. ...more

(ACOEL) | American College of Environmental...

When is risk reduction not a benefit?

EPA filed a status report on October 15 in the slow-moving mercury and air toxics (MATS) litigation, which is now Murray Energy Corp. v. EPA, No. 16-1127 (D.C. Cir., filed April 26, 2016). The case is a challenge to EPA...more

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

Exclusions from Ambient Air/Clean Air Act: U.S. Environmental Protection Agency Announces Final Revised Policy

The United States Environmental Protection Agency (“EPA”) issued a December 2nd memorandum titled: Revised Policy on Exclusions from “Ambient Air” (“Memorandum”) - The December 2nd Memorandum was transmitted from EPA...more

Foley Hoag LLP - Environmental Law

Will The PM NAAQS Be the Real End of Agency Deference?

According to Bloomberg Environment (subscription required), EPA’s Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered. Even after two years, I guess I had not...more

Foley Hoag LLP - Environmental Law

Particulate Matter Is More Dangerous Than We Thought: What Will EPA Do With the NAAQS?

EPA’s Office of Air Quality Planning and Standards has released a draft of its reassessment of the adequacy of the current national ambient air quality standard for particulate matter. Here’s the primary takeaway concerning...more

Foley Hoag LLP - Environmental Law

EPA's Ozone NAAQS Largely Survives: CASAC Still Rules

The D.C. Circuit today largely upheld EPA’s 2015 revisions to the National Ambient Air Quality Standard for ozone. I’m not much of a prognosticator, but I pretty much called this one years ago. The Court was never going to...more

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

Exclusions from Ambient Air: U.S. Environmental Protection Agency Announces Draft Revised Policy

The United States Environmental Protection Agency (“EPA”) issued a draft November 2018 policy document titled: Revised Policy on Exclusions from “Ambient Air” (“Draft Policy”) - EPA states by way of introduction that...more

Akin Gump Strauss Hauer & Feld LLP

EPA Memo Outlines Plan for Altering Review Process of Existing Air Quality Regulations

On May 9, 2018, Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a memorandum outlining a “back-to-basics” process for reviewing National Ambient Air Quality Standards (NAAQS) for criteria...more

Shumaker, Loop & Kendrick, LLP

Client Alert: U.S. EPA Issues Policy Intended to Ease Pre-Construction Permitting Requirements for New and Modified Industrial and...

In what is now clear to be a series of policy changes to ease air permitting requirements for industrial and manufacturing facilities, U.S. EPA has issued its second memorandum entitled “Project Emissions Accounting under the...more

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