On June 27, 2024, the U.S. Supreme Court decided Ohio, et al. v. Environmental Protection Agency, et al., Nos. 23A349, 23A350, 23A351 and 23A384. The Court stayed the enforcement of EPA’s rule against certain States pending...more
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
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) submitted a March 21st document to the United States Environmental Protection Agency (“EPA”) regarding the federal agency’s prior...more
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
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
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
In a proposed rule signed on February 28, but not yet published in the Federal Register, EPA proposed to significantly expand its current approach to regulating the interstate transport of ozone. Under the so-called “good...more
On Feb. 7, several environmental groups formally notified EPA that they intend to file suit to force EPA to act on 39 overdue state Regional Haze plans and to trigger a countdown to issuance of Federal Implementation Plans...more
The United States Environmental Protection Agency (“EPA”) announced in the January 22, 2020 Federal Register that it was proposing to approve revisions to the State of Utah’s plan for addressing regional haze. The proposed...more
The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) on November 25, 2019 in the United States Court of Appeals for the Eighth Circuit challenging...more
As first reported here on December 13th, the Sierra Club and National Parks Conservation sociation (collectively “Sierra Club”) recently filed a Petition for Review (“Petition”) in the United States Court of Appeals for the...more
The United States Environmental Protection Agency (“EPA”) published a final rule in the October 1st Federal Register approving the State of Arkansas’s Regional Haze Five-Year Progress Report. See 84 Fed. Reg. 51986. EPA...more
The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more
Earlier this week, the 9th Circuit Court of Appeals rejected challenges to the Federal Implementation Plan EPA promulgated after finding that Arizona’s regional haze State Implementation Plan was inadequate. I think that the...more
On Friday, July 15, 2016, the U.S. Court of Appeals for the Fifth Circuit handed the United States Environmental Protection Agency (“EPA”) a stinging double defeat on its partial disapproval of Texas’ regional haze rule (the...more