The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more
The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a November 14th decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) permit issued by the Texas Commission on...more
EPA is proposing revisions to the new source review (“NSR”) permit program (“2022 Proposed Fugitive Emissions Rule”) under the federal Clean Air Act (“CAA”), which will codify the requirement that modifications account for...more
The US Environmental Protection Agency (EPA) has published a draft white paper discussing control techniques and other measures that could reduce greenhouse gas (GHG) emissions from combustion turbines and, by extension, from...more
The United States Court of Appeals for the First Circuit (“Court”) addressed in a December 17th Decision the issuance of an air permit by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas...more
The U.S. Court of Appeals for the 8th Circuit has ruled that the EPA may pursue injunctive relief against emission sources for past violations of new source review (NSR) permit requirements under the Clean Air Act. In the...more
The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more
South Coast Air Quality Management District Adopts Indirect Source Rule for Warehouses - Earlier this month, the South Coast Air Quality Management District (SCAQMD) adopted Rule 2305 or the Warehouse Indirect Source Rule...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more
California Targets Greenhouse Gas Emissions from Ride-Hailing Companies - At a February 22, 2019 workshop, the California Air Resources Board (“CARB”) unveiled its planned “Clean Miles Standard” that will require...more
The United States District Court (Eastern District Missouri) (“Court”) issued a February 27th Memorandum and Order (“Order”) addressing whether it had the authority to order injunctive relief for past violations of the Clean...more
On Monday, July 17, 2017, the California legislature passed a two-bill package, Assembly Bill (AB) 398, which extends California’s Cap-and-Trade Program to 2030, and AB 617, the companion bill that didn’t get as much...more
EPA recently proposed revisions to its Prevention of Significant Deterioration (“PSD”) and Title V regulations that will impact the permitting of greenhouse gases (“GHGs”). These regulatory changes are being proposed to...more
Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more
Two shredding and metals recycling companies recently settled a complaint brought by the Massachusetts Attorney General (Mass AG) and the Massachusetts Department of Environmental Protection (MassDEP) for alleged violations...more
On Monday, June 22, the U.S. Supreme Court issued a much anticipated decision in Utility Air Regulatory Group v. Environmental Protection Agency where it affirmed EPA’s authority to impose limits for greenhouse gas (GHG)...more
Focus: Supreme Court upholds EPA's power to regulate greenhouse gas emissions from large stationary sources – but scolds EPA for overreaching in its regulatory approach - Allen Matkins - Jun 24: On...more
Since the U.S. Environmental Protection Agency’s (“EPA”) June 2, 2014 revelation of its Clean Power Plan to cut carbon dioxide emissions from existing fossil-fuel powered electric generators (the “Plan”), it has garnered much...more
The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more
The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits...more
On Monday, June 23, in a long-awaited decision, the U.S. Supreme Court in Utility Air Regulatory Group v. Environmental Protection Agency partially invalidated and partially upheld U.S. Environmental Protection Agency ("EPA")...more
In 2011, the Environmental Protection Agency, acting under the Clean Air Act, required all new sources that would emit more than threshold quantities of “greenhouse gases” to get a preconstruction “prevention of significant...more
On Monday, the Supreme Court’s decision in Utility Air Regulatory Group v EPA, No. 12–1146 (June 23, 2013) limited EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act, reversing in part and affirming...more
The Supreme Court affirmed EPA’s authority to subject 83% of greenhouse gas emissions to its PSD and Title V Operating Permit programs. However, EPA’s rationale for the rule did not fare so well, and EPA does not have...more
Today, a divided Supreme Court issued a highly anticipated Clean Air Act (the “Act”) decision in Utility Air Regulatory Group v. EPA. In an opinion authored by Justice Scalia, the Court rejected EPA’s application of the Act...more