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Arbitrary and Capricious State Implementation Plans (SIPs)

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Foley Hoag LLP - Environmental Law

EPA Must Have A Rationale to Survive Arbitrary and Capricious Review

Last week, the 3rd Circuit Court of Appeals vacated EPA’s approval of Pennsylvania’s SIP for attaining the 2008 NAAQS for NOx. Specifically, the Court found that EPA’s approval was arbitrary and capricious with respect to...more

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

Exceptional Events/Clean Air Act: Federal Appellate Court Addresses Challenge to Approval of Colorado SIP

The Tenth Circuit Court of Appeals (“10th Circuit”) addressed in a July 24th opinion a challenge to the United States Environmental Protection Agency (“EPA”)approval of a Colorado State Implementation Plan (“SIP”). See...more

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