News & Analysis as of

Policy Memorandums Clean Air Act

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

Corporate Criminal Enforcement Policy: U.S. Department of Justice Memorandum Announcing Revisions

The United States Department of Justice (“DOJ”) issued a September 15th memorandum titled: Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group...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

Perkins Coie

D.C. Circuit Dismisses Clean Air Act Challenge to New EPA Policy Memorandum, Finding No “Final Agency Action”

Perkins Coie on

The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...more

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

U.S. Environmental Protection Agency Withdrawal of "Once In, Always In" Policy: California Attorney General D.C. Circuit Court of...

The California Attorney General filed an April 10th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

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

U.S. Environmental Protection Agency "Once In, Always In" Policy Change: Environmental Organizations File Judicial Challenge

A number of environmental organizations filed a March 26th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

Morgan Lewis

EPA Reverses Obama-Era Interpretation of New Source Review Major Source Trigger

Morgan Lewis on

A new policy memorandum means that some proposed projects at large-emitting facilities would not be subject to major clean air new source review obligations. ...more

Miles & Stockbridge P.C.

EPA Guidance Documents Are Not Enforceable Rules Says DOJ

Companies regulated by the Environmental Protection Agency (EPA) have long complained that EPA too often uses guidance documents improperly, both to expand regulatory requirements beyond what the law permits and to avoid...more

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