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 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
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 U.S. Environmental Protection Agency (EPA) on July 27, 2023, published its Semiannual Regulatory Agenda, which is intended to update the public about the agency's plan to review, propose and issue regulations over the...more
On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more
EPA’s long-promised rules for reducing CO2 emissions from fossil fuel-fired power plants have now been published. In the proposal, EPA lays out “performance standards” for new natural gas-fired power plants and “emission...more
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. On May 11, 2023, the US Environmental Protection Agency (EPA) released its...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued the notice of proposed rulemaking for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (the “proposed...more
On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008...more
The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more
The U.S. Environmental Protection Agency (EPA) has proposed to further amend its Clean Air Act Risk Management Program (RMP) rules and has issued a proposed rule. 87 Fed. Reg. 53556 (August 31, 2022). The proposed rule would...more
On Jan. 5, the U.S. Environmental Protection Agency (“EPA”) published a Final Rule in the Federal Register adding 1-bromopropane (“1-BP”) to the list of hazardous air pollutants (“HAPs”) under Section 112 of the Clean Air Act...more
On January 21, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comments on the “Draft TSCA Screening Level Approach for Assessing Ambient Air and Water Exposures to...more
On November 15, 2021, the Environmental Protection Agency (“EPA”) published a proposed rule that included three separate actions under the Clean Air Act that target new and existing air emission sources at oil and natural gas...more
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
On November 2, 2021, the U.S. Environmental Protection Agency (“EPA”) issued a proposed rule that is intended to significantly reduce emissions of greenhouse gases (“GHGs”) and other air pollutants from the crude oil and...more
On January 19, 2021, EPA issued a request for comment on petitions submitted in 2020 for a waiver of the RFS obligations that apply to 2019 and 2020. The petitions argue that recent events warrant EPA exercising its general...more
On November 23, 2020, EPA issued a prepublication notice regarding (i) the availability of EPA’s revised enforcement policy for vehicle and engine tampering and aftermarket defeat devices and (ii) EPA’s request for comment on...more
The U.S. Environmental Protection Agency ("EPA") has proposed rulemaking revisions to the regulation of methane and volatile organic compounds ("VOCs"). The proposed rulemaking was published in the Federal Register on...more
The National Association of Clean Air Agencies (“NACAA”) submitted comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed: National Emission Standards for Hazardous Air Pollutants...more
The latest federal regulatory agenda has been released, which, among other matters, lists proposed and projected environmental regulatory proceedings being considered by different departments and agencies. ...more
The Arkansas Department of Environmental Quality (“ADEQ”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on its proposed rule: Emission Guidelines for Greenhouse Gas Emissions...more
Introduction - As we have previously reported, on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed to replace the Obama Administration’s Clean Power Plan (“CPP”) with the Affordable Clean Energy...more
The National Association of Clean Air Agencies (“NACAA”) submitted October 4th comments to the United States Environmental Protection Agency (“EPA”) on its proposed National Emission Standards for Hazardous Air Pollutants...more
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more
Earlier this week, on August 21, President Trump’s Environmental Protection Agency (“EPA”) proposed a rule pursuant to Section 111(d) of the Clean Air Act (“CAA”) intended to replace the embattled Clean Power Plan (“CPP”)...more