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 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
Southland air regulators threaten to sue EPA for failure to control federally-regulated emissions sources Bullet - Los Angeles Times - May 10 - The South Coast Air Quality Management District (District), which oversees a...more
In a proposed rule signed on February 28, but not yet published in the Federal Register, EPA proposed to significantly expand its current approach to regulating the interstate transport of ozone. Under the so-called “good...more
ICYMI. . . the U.S. Environmental Protection Agency’s (EPA’s or Agency’s) Toxic Substances Control Act (TSCA) office is moving into evaluating whether there is unreasonable risk at industrial facility “fencelines.” What’s...more
Appeals court halts ruling blocking Biden climate metric - The Hill - March 16 - The Fifth Circuit Court of Appeals on Wednesday halted a lower court’s ruling that prevented the Biden administration from factoring the...more
In the upcoming weeks, the Environmental Protection Agency (“EPA”) is expected to release a proposed rule that would greatly expand methane regulations for the oil and gas sector. While EPA has previously issued regulations...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
DOI unveils plan to weaken protections for millions of acres of California desert - Reuters – January 13 - The U.S. Department of the Interior (DOI) on Wednesday proposed weakening environmental protections for millions...more
The U.S. Environmental Protection Agency (“USEPA”) announced yesterday that it is proposing to retain the current National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5?) and course particulate...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more
ANNOUNCEMENTS - Air - Stakeholder Input Requested on Potential New Rules - Affordable Clean Energy (ACE) Program Rules: Ohio EPA is requesting stakeholder input on potential new rules in the Ohio Administrative Code...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 United States Environmental Protection Agency (“EPA”) published a final rule in the October 1st Federal Register approving the State of Arkansas’s Regional Haze Five-Year Progress Report. See 84 Fed. Reg. 51986. EPA...more
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
The United States Department of Transportation (“DOT”) published an August 23rd Federal Register Notice announcing the availability of two interim policies for public comment. See 84 Fed. Reg. 44351. ...more
• A federal court recently ordered the CSB to promulgate final accidental chemical release reporting regulations within 12 months. • The Clean Air Act requires that those regulations be binding on all entities subject to...more
In 2015, the U.S. Environmental Protection Agency announced the controversial “Clean Power Plan,” which was immediately the subject of a legal challenge and was subsequently stayed by the United States Supreme Court....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
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
The United States Environmental Protection Agency (“EPA”) issued an April 2nd Order denying a Petition of Objection to a Clean Air Act Title V Permit for Yuhuang Chemical, Inc., methanol plant (“Plant”) in St. James Parish,...more
A number of environmental organizations submitted a March 19th Petition to the United States Environmental Protection Agency (“EPA”) Administrator pursuant to Section 505(b)(2) of the Clean air Act and 40 C.F.R. § 70.8(d)...more
Arkansas Department of Environmental Quality (“ADEQ”) Associate Director (Office of Air Quality) Stuart Spencer undertook a January 24th presentation to my University of Arkansas Law School Environmental Law class titled: ...more