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 Waste-to-Energy Association (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more
Sixteen individuals (collectively, “Petitioners”) filed a February 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Waste Management of New Hampshire,...more
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
The Occupational Safety and Health Administration (“OSHA”) issued an August 23rd news release summarizing the results of a whistleblower investigation that it undertook regarding the North Dakota Department of Environmental...more
Fourteen environmental organizations submitted a June 22nd Petition to the United States Environmental Protection Agency (“EPA”) asking that it strengthen the Clean Air Act Section 111 New Source Performance Standards...more
The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more
Forty-eight Democratic Congressmen sent a February 9th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking that the agency address what they argue are needed efforts regarding plastic...more
On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more
The United States Environmental Protection Agency (“EPA”) published a July 29th Federal Register Notice proposing amendments to the Clean Air Act (“CAA”) National Emission Standards for Hazardous Air Pollutants (“NESHAP”)...more
The United States Environmental Protection Agency (“EPA”) in an April 5th letter addressed a request to determine whether certain plastic films that would be processed into a fuel (i.e., an engineered fuel product) is...more
The United States Environmental Protection Agency (“EPA”) in a March 21st letter addressed a request to determine whether certain discarded carpet that a company plans to process into fuel would be considered a solid waste...more
Last year, we reported on EPA’s decision to allow the expiration of a moratorium on the 2016 Obama Climate Action Plan rule and guidelines seeking to reduce landfill methane emissions (“Methane Rule and Guidelines”)....more
A multistate coalition submitted January 3rd comments to the United States Environmental Protection Agency (“EPA”) opposing a proposed rule denominated as...more
The United States District Court (Northern District California) (“Court”) addressed in a December 21st Order an issue involving the Clean Air Act Municipal Solid Waste (“MSW”) Landfill Emission Guidelines. See State of...more
The following notices were published yesterday: 1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of...more
Municipal solid waste (MSW) landfills receive non-hazardous waste from residential properties, commercial businesses, and institutions. When MSW is placed in a lined landfill and covered, it decomposes and emits a gas into...more
Seven state Attorneys General have sent the following document to the United States Environmental Protection Agency (“EPA”) dated March 23rd: Notice of Intent to Sue for Failure to Enforce the 2016 Emission Guidelines and...more
The United States Environmental Protection Agency (“EPA”) in a February 7th Federal Register notice issued a final rule amending the Non-Hazardous Secondary Material Rule (“NHSMR”) to add certain treated railroad ties...more
In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills. The Obama Administration’s EPA issued the final New Source...more
Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more
EPA recently announced a 90-day stay for reconsideration of rules governing performance standards and emissions from Municipal Solid Waste (MSW) Landfills. The final rules issued in July 2016 established new source...more
Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more
Time to Pay More: EPA Increases Maximum Civil Penalties - Remember the days when the maximum civil penalty EPA could assess for a violation of environmental law was $25,000 per day? Those days disappeared 26 years ago...more
The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more
NEW REGULATORY DEVELOPMENTS - Federal - Final 2014 Effluent Guidelines Program Plan and 2014 Annual Effluent Guidelines Review Report EPA is announcing the availability of its Final 2014 Effluent Guidelines...more