News & Analysis as of

National Ambient Air Quality Standards State Implementation Plans (SIPs) Environmental Protection Agency (EPA)

Goldberg Segalla

In Aftermath of Supreme Court Decisions in Ohio and Loper, EPA’s Defense of ‘Good Neighbor Plan’ Persists

Goldberg Segalla on

The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here)....more

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

Arkansas Ambient Air Monitoring Network: Annual Network Plan for 2024-2025

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on July 1st to the United States Environmental Protection Agency (“EPA”) a document titled: Arkansas Ambient Air...more

Saul Ewing LLP

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

Saul Ewing LLP on

The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more

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

Interstate Transport/Ozone: United State Supreme Court Issues Stay for D.C. Circuit Court of Appeals

Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...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/Clean Air Act National Ambient Air Quality Standard: U.S. Environmental Protection Agency Final Rule Tightening...

The United States Environmental Protection Agency (“EPA”) announced today a final rule which will tighten the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter. EPA previously: - Stated on June 10,...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,...

EPA's Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy: U.S. Chamber of Commerce Report Addressing...

The United States Chamber of Commerce (“Chamber”) issued a November 2023 report titled: EPA’s Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy (“Report”)...more

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

Particulate Matter/Clean Air Act NAAQS: 70 Trade Organizations' Letter to the White House Requesting Retention of Current Standard

Seventy trade groups sent an October 31st letter to Mr. Jeffrey Zients who serves as Chief of Staff in the White House addressing the Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter...more

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

State Implementation Plan/Clean Air Act: Federal Appellate Court Addresses Challenge to Colorado Exclusion of Temporary Emissions

The Tenth Circuit United States Court of Appeals (“Court”) addressed in a September 18th Opinion a petition filed by the Center for Biological Diversity (“Center”) alleging that the U.S. Environmental Protection Agency...more

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

Arkansas State Implementation Plan Revisions/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Startup,...

The United States Environmental Protection Agency (“EPA”) published a July 21st Federal Register Notice proposing to approve two revisions to the Clean Air Act Arkansas State Implementation Plan (“SIP”). See 88 Fed. Reg....more

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

Interstate Transport/Ozone: Eighth Circuit Court of Appeals Grants Arkansas's Motion to Stay the U.S. Environmental Protection...

The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an order on May 25th granting the State of Arkansas’s Motion to Stay the United States Environmental Protection Agency’s (“EPA”) Arkansas State...more

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

EPA Good Neighbor Rule/Healthier Air for Downwind States: U.S. Senate Environment & Public Works Committee Hearing

The United States Senate Environment & Public Works Committee (“Committee”) held a March 29th hearing titled: The EPA Good Neighbor Rule: Healthier Air for Downwind States (“Hearing”)...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

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

Interstate Transport/Ozone: Arkansas Petitions Eighth Circuit Court of Appeals Challenging U.S. Environmental Protection Agency...

As noted in a February 14th post, the United States Environmental Protection Agency (“EPA”) issued a final rule disapproving State Implementation Plan (“SIP”) submissions for 19 states regarding interstate transport for the...more

Goldberg Segalla

EPA Proposes Revisions to Particulate Matter NAAQS Under the Clean Air Act

Goldberg Segalla on

In early January, the U.S. Environmental Protection Agency announced a proposal to revise and strengthen a key national ambient air quality standard (NAAQS) for fine particle pollution, also known as PM2.5. The Clean Air Act...more

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

Steam Electric Station/Rusk County, Texas: Sierra Club Notice of Intent of Sue U.S. Environmental Protection Agency for Alleged...

The Sierra Club sent a Notice of Intent to file suit to the United States Environmental Protection Agency (“EPA”) for failure to undertake a nondiscretionary duty under the Clean Air Act....more

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

Greenhouse Gas Emissions/Clean Air Act: Eight State Attorney Generals Request that EPA Establish a National Ambient Air Quality...

A group of state and territorial attorneys general sent a July 28th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael Regan asking that a Clean Air Act National Ambient Air Quality Standard...more

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

Interstate Transport/Ozone: Arkansas Department of Energy & Environment - Division of Environmental Quality Comments on U.S....

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) submitted on June 21st comprehensive comments on the United States Environmental Protection Agency (“EPA”) proposed rule: ...more

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

Ozone National Ambient Air Quality Standards/Clean Air Act: Environmental Organizations File Judicial Action Alleging U.S....

Earthjustice on behalf of several other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on June 7th against the United States Environmental Protection Agency (“EPA”) for an...more

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

Interstate Transport/Ozone: Arkansas Environmental Federation Comments on U.S. Environmental Protection Agency Arkansas State...

The Arkansas Environmental Federation (“AEF”) submitted comments on April 25th to the United States Environmental Protection Agency (“EPA”) on a proposed rule disapproving an Arkansas state implementation plan (“SIP”). ...more

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

Startup, Shutdown, and Malfunctions/State Implementation Plans: U.S. Environmental Protection Agency Withdrawal of October 9,...

The United States Environmental Protection Agency (“EPA”) issued on September 30th a memorandum (“2021 Memorandum”) titled: Withdrawal of the October 9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions in...more

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

Startup, Shutdown and Malfunction/State Implementation Plans: Sierra Club Judicial Complaint Alleges U.S. Environmental Protection...

The Sierra Club, Environmental Integrity Project, and Natural Resources Defense Council (collectively “Sierra Club”) filed a September 9th citizen suit Complaint for Injunctive and Declaratory Relief (“Complaint”) against the...more

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

Arkansas State Implementation Plan (Infrastructure/2015 Ozone NAAQS): U.S. Environmental Protection Agency Federal Register Notice...

The United States Environmental Protection Agency (“EPA”) issued a February 12th Federal Register Notice approving elements of the State of Arkansas’s State Implementation Plan (“SIP”) for the 2000 Ozone (O3) National Ambient...more

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