Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The National Lime Association (“NLA”) filed on September 13th a Petition for Review (“Petition”) before the United States Court of Appeals for the D.C. Circuit challenging the United States Environmental Protection Agency’s...more
The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers....more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more
The United States House of Representatives Subcommittee on Environment, Manufacturing, and Critical Materials of the Energy and Commerce Committee held a May 7th Hearing titled: EPA’s RMP Rule: Failures to Protect the...more
Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more
Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more
The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more
The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more
Under the Clean Air Act, facilities that present a high risk of chemical accidents, including those engaged in industries such as chemical manufacturing, paper manufacturing, and warehousing and storage, are required to...more
On March 11, 2014, the Environmental Protection Agency (EPA) published in the Federal Register amendments to the Risk Management Program (RMP) rule (Final Rule). Going into effect on May 10, 2024, EPA’s Final Rule, named the...more
Echoing recent revisions strengthening the Risk Management Program under the Clean Air Act, the U.S. Environmental Protection Agency (“EPA” or “the Agency”) on March 14, 2024 finalized a rule requiring certain facilities to...more
On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more
Truck engine maker Cummins Inc. has agreed in principle to pay a $1.675 billion civil penalty for installing devices on hundreds of thousands of engines to allow them to emit excess pollution. According to the U.S. Department...more
The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) submitted comments to the United States Environmental Protection Agency (“EPA”) on November 22 addressing the following Advance Notice of...more
In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding. And now it’s back in play, through regulatory revisions...more
The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more
The United States Environmental Protection Agency (“EPA”) and Indiana- American Water Company, Inc. (“IAWC”) entered into an August 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean...more
President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
The United States Environmental Protection Agency (“EPA”) published on February 15th a final rule reaffirming its decision that it remains appropriate and necessary to regulate hazardous air pollutants (“HAP”) from power...more
In a recent “Enforcement Alert,” EPA set out its intent to target owners and operators of stationary engines for compliance with Clean Air Act emissions requirements. According to the Enforcement Alert, “EPA has been...more
The United States Environmental Protection Agency (“EPA”) and Smithfield Packaged Meats Corporation (“Smithfield”) entered into an August 30th Consent Agreement (“CA”) addressing alleged violations of the regulations...more
The United States Environmental Protection Agency (“EPA”) on August 18th announced a prepublication proposed rule that would amend the Clean Air Act Risk Management Program (“RMP”) regulations....more
Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...more
The United States Environmental Protection Agency (“EPA”) issued last week a prepublication proposed rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Gasoline Distribution...more