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
In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more
Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...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 December 20, 2022, the Environmental Protection Agency finalized regulations aimed at reducing harmful emissions from trucks, delivery vehicles, and buses. These regulations will impact vehicles manufactured after 2027 and...more
Ohio, along with sixteen other states, sued the Environmental Protection Agency on Friday last week, over its March 14, 2022 decision to reinstate a waiver allowing the nation’s most populous state California, under its...more
In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more
Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more
EPA recently finalized rules under the Clean Air Act (CAA) establishing federal greenhouse gas (GHG) emissions standards for passenger cars and light trucks for Model Years (MY) 2023 through 2026. The standards are designed...more
New Approach: Proposed PFAS Regulation Erodes TSCA Exemptions - EPA’s proposed reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA) may be...more
On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate...more
On August 5, 2021, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking (NPRM) to revise the federal greenhouse gas (GHG) emissions in model years (MY) 2022-2026. In coordination with the...more
Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more
On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-79-20 (the "Order"), setting new statewide goals for phasing out gasoline-powered cars and trucks in California. Under the Order, 100% of...more
With a recent executive order, California is the first state in the nation to commit to ending the sale of fossil fuel–powered vehicles. The order also directs the expedited regulation and closure of oil extraction and...more
On March 31, 2020, the Environmental Protection Agency (EPA) and the Department of Transportation, acting through the National Highway Traffic Safety Administration (NHTSA), finalized a rulemaking that the agencies described...more
On 31 March 2020, the U.S. Environmental Protection Agency (EPA) and the Department of Transportation National Highway Traffic Safety Administration (NHTSA) released a new joint rule finalizing the Trump administration's fuel...more
Action May Have Far-Reaching Impacts - Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more
Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more
As President Trump’s nominee to head the Environmental Protection Agency, Andrew Wheeler, cleared a key committee vote this week, a conflict between EPA and the State of California over tailpipe greenhouse gas emissions shows...more
On Thursday, August 2, 2018, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) jointly proposed a rule to freeze the fuel...more
Irony abounds as the new Acting Administrator at EPA last Tuesday announced historic progress under the Clean Air Act even while the Administration works to roll back a number of Clean Air Act rules. ...more
The National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) issued a joint notice of proposed rulemaking today, called the "Safer Affordable Fuel-Efficient (SAFE) Vehicles...more
On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more
On September 30, the Court will consider a raft of petitions for certiorari in Coalition for Responsible Regulation v. EPA (“Coalition”), 684 F.3d 102 (D.C. Cir. 2012) (per curiam), the first major challenge to EPA’s...more