News & Analysis as of

PSD

Hogan Lovells

Interplay between MiCAR and PSD2: EBA on the end of the No Action Letter transition period (UPDATE)

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On 12 February 2026, the European Banking Authority (“EBA”) issued an Opinion advising national competent authorities (“NCAs”) on actions to take once the transition period set in the EBA No Action Letter of 2 June 2025...more

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

PSD/Clean Air Act: EarthJustice Judicial District Court Petition Challenging Extension for St. James Parish, Louisiana Chemical...

EarthJustice and several other organizations filed a February 5th Petition for Judicial Review (“Petition”) in the 19th Judicial District Court/Parish of East Baton Rouge appealing the Lousiana Department of Environmental...more

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

New Source Review/Clean Air Act: U.S. Environmental Protection Agency Guidance Addressing "Begin Actual Construction"

The United States Environmental Protection Agency (“EPA”) issued a September 2nd interpretive letter addressing the definition of “Begin Actual Construction” in the Clean Air Act New Source Review (“NSR”) regulations....more

Hogan Lovells

Payments: European Court of Justice (ECJ) rules on PSP liability for unauthorised transactions and late PSU notification

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The ECJ has confirmed that a payment service user (PSU) is deprived of the right to reimbursement for an unauthorised transaction under PSD1 if: they fail to notify without undue delay upon becoming aware of it; or...more

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

Project Emissions Accounting/Clean Air Act: Environmental Defense Fund Files Judicial Challenge to U.S. Environmental Protection...

The Environmental Defense Fund, Environmental Integrity Project, Natural Resources Defense Council, and Sierra Club (collectively, “EDF”) filed in the United States Court of Appeals for the District of Columbia Circuit an...more

Williams Mullen

Environmental Notes - April 2025

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Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

Williams Mullen

Frequently Asked Air Questions (FAAQs): Synthetic Minor Permits, One-Time Doubling & Sham Permits

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Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Scotia, California Biomass Facility

The Environmental Protection Information Center and Humboldt Coalition for Clean Energy (collectively, “EPIC”) filed a January 3rd Title V Petition to Object (“Petition”) before the United States Environmental Protection...more

BCLP

Unauthorised Transactions: Exclusive Application of the PSP Liability Regime

BCLP on

In a ruling dated 27 March 2024 (no. 22-21.200), the French Supreme Court (‘Cour de Cassation’) - citing European case law - held that a payment service provider can only be held liable for an unauthorised or incorrectly...more

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

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

Latham & Watkins LLP

E-Money, Payment Services, and Insolvency

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Consumers and service providers should take note of some of the enhanced risks upon an e-money institution’s insolvency. Technology is rapidly changing the way customers and businesses interact with financial systems....more

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

Fugitive Emissions/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing New Source Review Regulations

The United States Environmental Protection Agency (“EPA”) is proposing revisions to the Clean Air Act’s New Source Review (“NSR”) permitting regulations. The proposed rule would require that owners and operators of...more

Williams Mullen

EPA Aggregation Guidance is Easily Forgotten and Easily Enforced

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Four years ago, EPA published its “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration” (New Source Review (NSR) Aggregation Action). 83 Fed. Reg. 57324...more

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

Project Emission Accounting/New Source Review: U.S. Environmental Protection Agency Final Clean Air Act Rule

The United States Environmental Protection Agency (“EPA”) announced on October 22nd it had finalized certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of Significant Deterioration...more

Thompson Coburn LLP

EPA Final Rule may keep projects at existing major sources from triggering stringent pre-construction permitting requirements

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On October 22, 2020, the EPA issued a long-awaited final rule that amends and clarifies the preconstruction review requirements for projects undertaken at major stationary sources under the Clean Air Act (“CAA”), 42 U.S.C. §...more

Foley Hoag LLP - Environmental Law

Injunctive Relief Is Available Outside the Fenceline

On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements he had previously identified resulting from upgrades to the Ameren Missouri...more

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

PSD/Air Enforcement: U.S. District Court (Missouri) Addresses Injunctive Relief Authority

The United States District Court (Eastern District Missouri) (“Court”) issued a February 27th Memorandum and Order (“Order”) addressing whether it had the authority to order injunctive relief for past violations of the Clean...more

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

Bastrop, Louisiana, Wood Pellet Manufacturing Facility Permit Renewal Modification: Louisiana Department of Environmental Quality...

The Louisiana Department of Environmental Quality (“LDEQ”) issued a Response to Comments/Notification of Final Permit Action (“Notification”) regarding the Morehouse BioEnergy, LLC (“Morehouse”) wood pellet manufacturing...more

Latham & Watkins LLP

FCA Supports Guidelines on the Open Banking Fall-Back Provisions Exemption

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The FCA has outlined its approach to implementing key standards under the revised Payment Services Directive. The FCA has published a statement on its website relating to the European Banking Authority’s (EBA’s) Opinion...more

Thompson Coburn LLP

5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions

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On December 7, 2017, EPA Administrator Scott Pruitt issued a memorandum entitled, “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in...more

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

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Hogan Lovells

Hogan Lovells Global Payments Newsletter - February 2017

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Welcome to the Hogan Lovells Global Payments Newsletter. In this monthly publication we provide an overview of the most recent payments, regulatory and market developments from major jurisdictions around the world as well as...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week In Review

Financial Industry Developments - 2016 Data Breach Legislation Roundup: What to Know Going Forward - States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let's take...more

Foley Hoag LLP - Environmental Law

EPA Wins Another Round In PSD Litigation: More Evidence that the Program Is Flawed.

Last Monday, in a comprehensive, 189-page opinion, Judge Rodney Sippel ruled that Ameren Missouri had violated EPA’s PSD regulations by failing to get permits for upgrades in 2007 and 2010 at its Rush Island facility. As I...more

Bergeson & Campbell, P.C.

EPA Proposes To Establish Minor New Source Review Requirements And To Disapprove Severable Portions Of SIPs

On January 11, 2016, EPA published a Proposed Rule in the Federal Register proposing to establish Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and to disapprove severable portions of the...more

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