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
Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more
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
The White House Environmental Justice Advisory Council recently weighed in on EPA’s decision whether to lower the National Ambient Air Quality Standards for PM2.5 and ozone. Specifically, with respect to PM2.5, WHEJAC...more
Last week, the EPA Clean Air Science Advisory Committee provided EPA its review of EPA’s Policy Assessment for the Reconsideration of the National Ambient Air Quality Standard for ozone. As expected, CASAC has disagreed with...more
The United States Environmental Protection Agency (“EPA”) Clean Air Scientific Advisory Committee (“CASAC”) transmitted a June 9th letter to Administrator Michael S. Regan addressing: CASAC Review of the EPA’s Policy...more
The U.S. Environmental Protection Agency (EPA) finalized its plan under the Clean Air Act’s “good neighbor” provision (the “Plan”) on March 15, 2023. The Plan requires 23 states to reduce their air pollution that...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent. Apparently,...more
The United States Environmental Protection Agency (“EPA”) issued a March 15th prepublication final rule imposing a Federal Implementation Plan (“FIP”) regarding interstate transport for the 2015 8-hour National Ambient Air...more
The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) submitted on June 21st comprehensive comments on the United States Environmental Protection Agency (“EPA”) proposed rule: ...more
EPA proposed a transformative rule to address the obligations of 26 states for the 2015 Ozone National Ambient Air Quality Standards (2015 Ozone NAAQS). The rule is a federal implementation plan (FIP) rooted in the Clean Air...more
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
The United States Environmental Protection Agency (“EPA”) issued a final rule retaining the current National Ambient Air Quality Standard (“NAAQS”). This leaves in place the ozone NAAQS that was promulgated during the...more
A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) issued a draft report titled: Ozone Season Summary 2019 (“Report”) - The Report provides the results of DEQ sampling during...more
The United States Environmental Protection Agency (EPA) on Halloween published a draft policy assessment recommending that the current National Ambient Air Quality Standards (“NAAQS”) of 70 parts per billion (ppb) be...more
On Tuesday, the District of Columbia Court of Appeals vacated EPA’s “Close-Out Rule,” which basically concluded that upwind states contributing to exceedances of the National Ambient Air Quality Standard for ozone in downwind...more
On May 9, 2018, Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a memorandum outlining a “back-to-basics” process for reviewing National Ambient Air Quality Standards (NAAQS) for criteria...more
The Arkansas Department of Environmental Quality announced that the United States Environmental Protection Agency (“EPA”) has stated that Arkansas is in attainment state-wide with the 2015 Ground-Level National Ambient Air...more
The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more
New administration offers opportunity for engagement on attainment status and to reduce potential compliance costs of 2015 ozone standards. Over the past four decades, compliance with the ozone National Ambient Air...more
On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with...more
On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more
On October 1, 2015, the U.S. Environmental Protection Agency (EPA) released its final rule lowering the ozone National Ambient Air Quality Standards (NAAQS) from 75 parts per billion (ppb) to 70 ppb nationwide (2015 Ozone...more
In an updated rule released October 1, 2015, the Environmental Protection Agency (EPA) set tighter limits on ozone – a compound regarded as a precursor to smog. In setting the new standard at 70 parts per billion (ppb) for...more