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EPA Formalizes Robust Civil and Criminal Enforcement Program Coordination

On April 17, 2024, EPA formalized a new policy requiring greater coordination between its criminal and civil enforcement programs. This change, which comes amidst a substantial jump in civil and criminal enforcement actions, ...more

EPA Tightens the Annual PM2.5 Standard, Creating Compliance Challenges Across the West

On February 7, 2024, EPA released its final rule tightening the annual National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter (“PM2.5”), from 12 µg/m3 to 9 µg/m3. EPA’s decision to drop the standard to...more

New Mexico Announces New Crack Down on O&G Operations

Citing low compliance rates with air quality requirements, the New Mexico Environmental Department (NMED) has announced it is ramping up compliance assurance and enforcement activities at oil and gas operations within the...more

EPA Doubles Down on Enforcement to Address Climate Change

In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

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