News & Analysis as of

Pollution Control Clean Air Act Carbon Emissions

Mayer Brown

Lawsuit Challenges Recent California Climate Disclosure Laws

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As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more

Morgan Lewis

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

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The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

Vinson & Elkins LLP

EPA’s Newest Target for Clean Air Act Enforcement: Stationary Engines

Vinson & Elkins LLP on

The U.S. Environmental Protection Agency (“EPA”) has announced its latest priority for Clean Air Act enforcement: stationary engines. In an enforcement alert, EPA states that it has been finding numerous violations of Clean...more

Morgan Lewis

DC Circuit Denies Standing to Aftermarket Parts Manufacturers Challenging EPA Tampering Rules

Morgan Lewis on

Citing a lack of standing and no final agency action, the US Court of Appeals for the DC Circuit dismissed the petition of an association representing businesses that make and sell aftermarket racing parts seeking review of a...more

Goldberg Segalla

The Pendulum Swings Back Again on Clean Air

Goldberg Segalla on

In June 1989, then-President George H. W. Bush proposed revisions to the Clean Air Act designed to reduce what were perceived as three of the largest threats to the environment at the time: toxic air emissions, acid rain, and...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

Morgan Lewis

Seventeen States Challenge Reinstatement of California Emissions Waiver

Morgan Lewis on

The lawsuit challenges California’s authority to implement climate change–related vehicle emission standards and zero-emissions goals. Seventeen states filed a lawsuit in the US Court of Appeals for the District of Columbia...more

Morgan Lewis

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

Morgan Lewis on

A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

Brownstein Hyatt Farber Schreck

EPA Reverses Trump Era Clean Air Act SSM Policy

The Environmental Protection Agency’s (“EPA’s”) guidance, issued Sept. 30, 2021, revoking the Trump-era Startup, Shutdown, and Malfunction (“SSM”) guidance signals difficult permitting decisions ahead for emitters across...more

Brownstein Hyatt Farber Schreck

Clean Air Act in Court: Shaping Non-Attainment State Implementation Plans

As states continue to revise state implementation plans (SIP) to meet the requirements of the Clean Air Act (CAA), two recent decisions out of the Ninth Circuit Court of Appeals are likely to affect how contingency measures...more

Brownstein Hyatt Farber Schreck

Key Takeaways from the Climate Leaders Summit

Biden Promises to Cut U.S. Emissions in Half from 2005 Levels - The Biden administration kicked off their two-day Climate Leaders’ Summit on Earth Day, April 22, 2021, and concluded the event on April 23, 2021. The intent...more

Snell & Wilmer

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 2

Snell & Wilmer on

The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus...more

Beveridge & Diamond PC

Prepared for Takeoff: EPA Finalizes First-Ever Domestic Greenhouse Gas Standards for Aircraft

The Environmental Protection Agency (EPA) has adopted the first-ever Clean Air Act (CAA) aircraft emission standards for greenhouse gases (GHGs), assuring the worldwide acceptance of U.S. manufactured airplanes and airplane...more

Allen Matkins

California Environmental Law & Policy Update - December 2020 #2

Allen Matkins on

New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more

Baker Donelson

EPA Issues New Air Guidance on Plantwide Applicability Limits

Baker Donelson on

On August 4, 2020, the EPA issued new guidance addressing the issue of Plantwide Applicability Limits (PAL) under the New Source Review (NSR) program of the Clean Air Act. The PAL guidance is intended to expedite facility...more

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

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more

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

Particulate Matter NAAQS/Clean Air Act: U.S. Environmental Protection Agency Retains Current Standard

The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard includes...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and West Memphis Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of West Memphis (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Addressing Ashland City, Tennessee Water...

The Tennessee Air Pollution Control Board (“TACB”) issued a March 4th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged air permit violation by State Industries, LLC (“State”). See...more

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

Status of Clean Air Act State Implementation Plan Submittals/Approvals: U.S. Environmental Protection Agency Office of Inspector...

The U.S. Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a March 25th Notification of Evaluation titled: Status of Clean Air Act State Implementation Plan Submittals and Approvals...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Phillips County Biodiesel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Solfuels USA., Inc. (“Solfuels”) entered into a March 5th Consent Administrative Order (“CAO”) addressing alleged violations of...more

Seyfarth Shaw LLP

U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018....more

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

The Greatest Story Seldom Told – Profiles and Success Stories in Air Pollution Control: Association of Air Pollution Control...

The Association of Air Pollution Control Agencies (“AAPCA”) announced in a July 2nd news release the 2018 edition of its report titled: The Greatest Story Seldom Told – Profiles and Success Stories in Air Pollution Control...more

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

Source Aggregation/ Clean Air Act : April 30th U.S. EPA Assistant Administrator (Air) Wehrum Letter Referencing "Re-Evaluation"

U.S. Environmental Protection Agency (“EPA”) Assistant Administrator William L. Wehrum addressed in an April 30th letter to the Pennsylvania Department of Environmental Protection the question of whether: . . . emissions...more

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

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

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