News & Analysis as of

Environmental Protection Agency (EPA) State Implementation Plans (SIPs)

ArentFox Schiff

EPA Approves South Coast Air Quality Management District’s Warehouse Indirect Source Rule

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On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD)...more

Goldberg Segalla

In Aftermath of Supreme Court Decisions in Ohio and Loper, EPA’s Defense of ‘Good Neighbor Plan’ Persists

Goldberg Segalla on

The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here)....more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Regional Haze/State Implementation Plans: U.S. Environmental Protection Agency and Sierra Club Enter into Consent Decree Providing...

The United States Environmental Protection Agency (“EPA”) and Sierra Club entered into a July 12th Consent Decree (“CD”) addressing agency review of 32 states’ Clean Air Act State Implementation Plans (“SIP”) related to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Ambient Air Monitoring Network: Annual Network Plan for 2024-2025

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on July 1st to the United States Environmental Protection Agency (“EPA”) a document titled: Arkansas Ambient Air...more

Saul Ewing LLP

Supreme Court Temporarily Halts EPA’s “Good Neighbor” Air Pollution Rule

Saul Ewing LLP on

The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Transport/Ozone: United State Supreme Court Issues Stay for D.C. Circuit Court of Appeals

Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ohio, et al. v. Environmental Protection Agency, et al.

On June 27, 2024, the U.S. Supreme Court decided Ohio, et al. v. Environmental Protection Agency, et al., Nos. 23A349, 23A350, 23A351 and 23A384. The Court stayed the enforcement of EPA’s rule against certain States pending...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: National Association of Clean Air Agencies Comments on U.S. Environmental Protection Agency Proposed Rule...

The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more

ArentFox Schiff

Environmental Justice Update: Three Areas to Watch in Spring 2024

ArentFox Schiff on

While environmental justice (EJ) concerns continued to drive policymaking in early 2024, EJ efforts increasingly faced headwinds coming from various and sometimes unexpected directions. Below, we will summarize recent...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Quality Standards Implementation Act of 2024: U.S. House of Representatives Passes Legislation Addressing NAAQS Development...

The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more

Quarles & Brady LLP

Industry not Breathing Easier Following Issuance of New Air Quality Standards for Fine Particulate Matter

Quarles & Brady LLP on

On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more

Locke Lord LLP

EPA’s New Particulate Rule: A ‎Particular Issue for Industry

Locke Lord LLP on

I. Background. On February 7, 2024, EPA issued a final rule lowering the annual health-based air quality standard for fine particulates (pm 2.5) to 9 ug/m3 from 12 ug/m3. The Rule will impact industries and many...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Particulate Matter/Clean Air Act National Ambient Air Quality Standard: U.S. Environmental Protection Agency Final Rule Tightening...

The United States Environmental Protection Agency (“EPA”) announced today a final rule which will tighten the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter. EPA previously: - Stated on June 10,...more

Troutman Pepper

And so It Begins…EPA Issues First Disapproval of Regional Haze Round Two

Troutman Pepper on

For anyone involved in the first round of the Clean Air Act regional haze program, the U.S. Environmental Protection Agency’s (EPA) action on the first business day of 2024 came as no surprise: EPA proposed to disapprove the...more

Goldberg Segalla

Supreme Court Agrees to Hear Challenges to the EPA “Good Neighbor Plan”

Goldberg Segalla on

The Environmental Protection Agency, under the Clean Air Act, requires states to work with the EPA to address the interstate transport of air pollution. Under the “Good Neighbor Plan,” the EPA requires each state to implement...more

Mitchell, Williams, Selig, Gates & Woodyard,...

EPA's Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy: U.S. Chamber of Commerce Report Addressing...

The United States Chamber of Commerce (“Chamber”) issued a November 2023 report titled: EPA’s Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy (“Report”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Particulate Matter/Clean Air Act NAAQS: 70 Trade Organizations' Letter to the White House Requesting Retention of Current Standard

Seventy trade groups sent an October 31st letter to Mr. Jeffrey Zients who serves as Chief of Staff in the White House addressing the Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter...more

Latham & Watkins LLP

SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation

Latham & Watkins LLP on

Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V Objection/Clean Air Act: Environmental Organizations Petition Addressing Delaware City, Delaware, Refinery

Several environmental organizations filed a document before the United States Environmental Protection Agency styled: Petition to Object to the Title V Operating Permit for the Delaware City Refinery (“Petition”)...more

Holland & Hart LLP

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

Holland & Hart LLP on

In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

Mitchell, Williams, Selig, Gates & Woodyard,...

State Implementation Plan/Clean Air Act: Federal Appellate Court Addresses Challenge to Colorado Exclusion of Temporary Emissions

The Tenth Circuit United States Court of Appeals (“Court”) addressed in a September 18th Opinion a petition filed by the Center for Biological Diversity (“Center”) alleging that the U.S. Environmental Protection Agency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

Foley Hoag LLP - Environmental Law

Guidance Is Still Not the Same as Regulation

Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more

Holland & Knight LLP

EPA Publishes Semiannual Agenda Previewing PFAS-Related Agency Actions

Holland & Knight LLP on

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

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