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
PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
The Environmental Protection Agency (EPA) recently proposed a Federal Implementation Plan (FIP) that has important implications for powerplants and other industrial nitrogen oxide (NOx) sources in the Western United States,...more
The U.S. Environmental Protection Agency (EPA) published a final rule on October 5, 2021 establishing an allowance allocation and trading program for hydrofluorocarbons (HFCs). The rule implements certain key requirements...more
On May 3, 2021, EPA announced its first major climate change rule under the Biden Administration, proposing to phase down the manufacture and import of hydrofluorocarbons (HFCs), which are potent greenhouse gases. EPA...more
Air - Public Comment Request - 2015 Ozone National Ambient Air Quality Standard Emissions Inventory & Emissions Statement Program - Butler, Clermont, Cuyahoga, Geauga, Hamilton, Lake, Lorain, Medina, Portage, Summit, and...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
Following California’s lead, Washington State has revived, at the state level, federal limits on greenhouse gases known as hydrofluorocarbons (HFCs) and is contemplating additional restrictions in the future. HFCs are...more
On April 5, 2019, the D.C. Circuit largely struck down another regulation restricting the use of hydrofluorocarbons (HFCs) in certain products under EPA’s Significant New Alternatives Policy (SNAP). The court held that it was...more
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
Industries that manufacture products containing hydrofluorocarbons (HFCs), such as aerosol cans, refrigerators, automobile air conditioners, building insulation and fire extinguisher foams, can breathe easier this month...more
In 1987, the United States signed the Montreal Protocol (Protocol). The Protocol is an international agreement that has been ratified by every nation that is a member of the United Nations. The Protocol requires nations to...more
Earlier this week, the D.C. Circuit Court of Appeals struck down part of an EPA rule promulgated pursuant to the Montreal Protocol. The section that was struck down would have required manufacturers of HFC-134a, which is not...more
Seyfarth Synopsis: Businesses and industries that had been impacted by the EPA’s HFCs rule may wish to monitor EPA’s response to this opinion carefully....more
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
The U.S. Environmental Protection Agency (“EPA” or “Agency”) continues its enforcement focus on commercial refrigerant leaks from major retailers, keeping with the Agency’s goals of reducing leaks of ozone depleting...more
NEW REGULATORY DEVELOPMENTS - Federal - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and Wildlife ...more
Energy and Climate Debate - Despite the House being in recess for the Veterans Day holiday, bicameral negotiations on an omnibus appropriations package continue this week. Congress must come to an agreement on the 12...more
Energy and Climate Debate - In his final major effort prior to retiring last week, Speaker of the House John Boehner (R-OH) reached a bipartisan agreement, the Bipartisan Budget Act of 2015, with other House and Senate...more
Energy and Climate Debate - Following a busy week for the Obama Administration during which it held several energy and climate events in anticipation of the international climate negotiations at the end of the year in...more
ENERGY AND CLIMATE DEBATE - After a busy week with Yom Kippur and visits from Pope Francis and Chinese President Xi Jinping, Congress is focusing this week on finalizing a continuing resolution and preparing for new...more
Energy and Climate Debate - Congressional activities are abbreviated this week, with the observance of Yom Kippur and Pope Francis’ visit to the United States. Pope Francis will address a joint session of Congress...more
On August 18, 2015, the U.S. Environmental Protection Agency (“EPA”) proposed a suite of regulatory actions aimed at reducing methane and volatile organic compound (“VOC”) emissions from the oil and gas sector....more
Energy and Climate Debate: We are half way through a busy September, and Congress will focus much of the rest of the month on a continuing resolution. Energy and climate issues will garner some attention in committee...more