News & Analysis as of

Clean Air Act Air Pollution Public Health

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

Air Quality Standards Implementation Act of 2024: U.S. House of Representatives Passes Legislation Addressing NAAQS Development...

The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more

Quarles & Brady LLP

Industry not Breathing Easier Following Issuance of New Air Quality Standards for Fine Particulate Matter

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On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more

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

Particulate Matter/Revised National Ambient Air Quality Standard: 24 State Attorneys General (including Arkansas) Challenge U.S....

Twenty-four State Attorneys General filed a Petition for Review (“Petition for Review”) in the United States Court of Appeals for the District of Columbia Circuit challenging a United States Environmental Protection Agency...more

Troutman Pepper

EPA Lowers Annual PM2.5 NAAQS, With Immediate Impacts for Air Permitting

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Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate...more

Ballard Spahr LLP

EPA Proposes to Extend Air Transport Rule to Five More States

Ballard Spahr LLP on

The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more

Bricker Graydon LLP

U.S. EPA Good Neighbor Plan Update

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On August 4, 2023, the United States Environmental Protection Agency’s (U.S. EPA) “Good Neighbor Plan (GNP)” went into effect, requiring power plants and certain industrial facilities to implement emissions reductions through...more

Jones Day

EPA Proposes New Waste Combustion Emissions Limits Under the Clean Air Act

Jones Day on

Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

Goldberg Segalla on

The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

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

Ozone/Clean Air Act: U.S. Environmental Protection Agency Announces New Review of National Ambient Air Quality Standard

The United States Environmental Protection Agency (“EPA”) announced it is initiating a new review of the Ozone National Ambient Air Quality Standard (“NAAQS”). EPA states it is taking this action based on advice provided...more

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

Small/Intermediate Gasoline Bulk Storage Plants/NESHAP: Congressional Letter to U.S. Environmental Protection Agency Requesting...

A combined 82 Senators and Members of the United States House of Representatives sent a May 22nd letter to United States Environmental Protection Agency Administrator Michael Regan addressing certain aspects of EPA’s proposed...more

Jones Day

EPA Proposes Stricter Mercury and Air Toxics Standards for Power Plants

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The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

Bricker Graydon LLP on

On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

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

Mercury and Toxic Standards for Power Plants: U.S. Environmental Protection Agency Final Rule Reaffirming Appropriate and...

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

Robinson+Cole Environmental Law +

EPA’s Proposal to Tighten the Fine Particulate NAAQS: What's Proposed, Who's Potentially Impacted

On January 6, 2023, the U.S. Environmental Protection Agency (the EPA) released a pre-publication copy of a Proposed Rule, which will lower the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter...more

Barnea Jaffa Lande & Co.

"Dieselgate" Effect: Israel Changes Rules of Game for Class Actions over Environmental Damage

Barnea Jaffa Lande & Co. on

The Tel Aviv District Court recently allowed a motion to certify a class action against the Volkswagen Group and its importer in Israel, Champion Motors Ltd. The class action focuses on the Dieselgate scandal, after an...more

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

Public Health Air Quality Act of 2022: Congressional Legislation Introduced to Expand Fenceline/Ambient Air Monitoring

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

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Technology Review and Standards of Performance for Bulk...

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

Jenner & Block

U.S. EPA’s Addition of 1-BP to CERCLA Hazardous Substance List Likely Precursor to Similar Actions on PFAS

Jenner & Block on

On April 8, 2022, U.S. EPA added the industrial solvent 1-bromopropane (1-BP) to its list of CERCLA hazardous substances; this listing was triggered by U.S. EPA’s decision to add 1-BP to the Clean Air Act’s list of hazardous...more

Foley Hoag LLP - Environmental Law

The Impact of Exposure to Leaded Gasoline Was Horrific: Will We Say the Same in 2050 About the Impact of PM2.5 Exposure?

An article in the Proceedings of the National Academy of Sciences (login required) has documented the devastating impact caused by the use of leaded gasoline. The study estimates that more than half of Americans alive in...more

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

PM 2.5/Soot/Clean Air Scientific Advisory Committee: Draft Letter Recommending Reconsideration of National Ambient Air Quality...

The Clean Air Scientific Advisory Committee (“CASAC”) sent a February 4th letter to the United States Environmental Protection Agency (“EPA”) addressing the following subject: CASAC Review of the EPA’s Policy Assessment for...more

Troutman Pepper

Are We There Yet? The Challenges of Litigating Clean Air Act Rules

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The Clean Air Act (CAA) depends heavily on regulations adopted by the Environmental Protection Agency (EPA) to implement its broad and often ambiguous terms. However, proposed regulations extending EPA’s authority to new...more

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

Aviation Gas/Clean Air Act: Friends of the Earth Petitions U.S. Environmental Protection Agency for Endangerment Finding

Earthjustice submitted an August 24th Petition to the United States Environmental Protection Agency (“EPA”) asking that it make an endangerment finding under Section 231 of the Clean Air Act in regards to aviation gasoline...more

Brownstein Hyatt Farber Schreck

D.C. Circuit Vacates Portions of EPA’s 2018 Ozone Implementation Rule

On Friday Jan. 29, 2021, the United States Court of Appeals for the D.C. Circuit in Sierra Club v. EPA, Case No. 15-1465, struck down several provisions in EPA’s 2018 rule implementing the 2008 National Ambient Air Quality...more

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

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Proposes Refractory Products Manufacturing Residual Risk/Technology...

The United States Environmental Protection Agency (“EPA”) issued a January 14th Federal Register Notice proposing a rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for...more

Foley Hoag LLP - Environmental Law

EPA Finalizes Decision to Retain the Existing PM2.5 NAAQS — Single Worst Environmental Decision of the Trump Administration?

Yesterday, EPA finalized its decision to retain the existing PM2.5 NAAQS of 12 ug/m3, rejecting substantial scientific evidence that PM2.5 causes significant harm at concentrations below 12 ug/m3. In fact, as noted in one of...more

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