The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
On October 11, 2024, the Environmental Protection Agency (EPA) published its latest rule in a suite of measures to address hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act....more
The U.S. Environmental Protection Agency (EPA) has finalized regulations impacting a large swath of refrigeration and cooling equipment industries. The new regulations are the most recent EPA action addressing the use of...more
On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more
The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more
The State of Wisconsin through its Attorney General (“AG”) entered into a Stipulation of Judgement (“Judgement”) with Kerry Inc. (“KI”) addressing alleged violations of the Wisconsin Air Emission Laws. See State of Wisconsin...more
The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more
The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to set standards for common air pollutants. When the EPA sets these standards, States must submit a State Implementation Plan (SIP) showing how the...more
This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more
The ACOEL webpage “About Us” states that we are to be “Advocates for environmental law and process for a better environmental future.” Allow me to throw down this gauntlet to Members: What “better environmental future” is the...more
The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Sherwood Mining Company, LLC (“Sherwood”) addressing an alleged violation of an air permit....more
The Supreme Court’s day started with the specter of yet another leak of a reproductive rights decision having occurred....more
The Tennessee Air Pollution Control Board (“Board”) issued a June 5th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Nissan North America, Inc. (“Nissan”) addressing alleged violations of an...more
In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more
On May 3, 2024, Brazil’s Federal Law No. 14,850/2024 (the “Regulation”) was passed by the President establishing the National Policy on Air Quality. The Regulation provides for the creation of a unified air quality monitoring...more
The Louisiana State Legislature has passed legislation titled: Louisiana Community Air Monitoring Reliability Act (“Monitoring Act”) The Monitoring Act awaits a decision by Louisiana’s Governor....more
The Alabama Department of Environmental Management (“ADEM”) and Evonik Corporation (“EC”) entered into a May 8th Consent Order (“CO”) addressing an alleged violation of an air permit. See Consent Order No. 24-XXX-CAP. The...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
Fine particle pollution – also known as soot – is a cause of respiratory disease, increased asthma symptoms, cancer, and cardiovascular dysfunction. Incomplete combustion of organic materials such as wood, fuel oil, plastics,...more
Following discussions during the 81st meeting of the Marine Environment Protection Committee (MEPC 81), which took place March 18–22, 2024, member states of the International Maritime Organization (IMO) agreed on a draft...more
On March 29, 2024, the Massachusetts Department of Environmental Protection (MassDEP) promulgated cumulative impact analysis regulations. This new regulation requires projects seeking comprehensive plan approvals within a...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and Stapp Quarries, LLC ("Stapp") entered into a February 28th Consent Administrative Order ("CAO") addressing an alleged violation...more
Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more