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
PM NAAQS: Already behind schedule is perhaps the mostly widely impactful rule change EPA has proposed in many years: a lowering of the national ambient air quality standard (NAAQS) for fine particulate matter (PM2.5). EPA has...more
The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...more
A recent US Environmental Protection Agency final rule seeks to ensure that nearly two dozen states reduce emissions from power plants and other industrial sources that contribute to challenges attaining and maintaining air...more
EPA is poised to publish a final Federal Implementation Plan (FIP) for emissions from oil and natural gas sources on Indian country lands within the Uintah and Ouray Indian reservation in northeast Utah. EPA recently released...more
The California Air Resources Board (CARB), on August 25, 2022, voted to adopt the lengthy and complex second iteration of the state’s ambitious zero-emission vehicle (ZEV) regulation now set to fully phase out the sale of...more
A group of state and territorial attorneys general sent a July 28th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael Regan asking that a Clean Air Act National Ambient Air Quality Standard...more
Following its final rule for light-duty vehicles issued at the end of 2021, this past spring, the U.S. Environmental Protection Agency (“U.S. EPA”) proposed new emission standards for heavy-duty highway vehicles and engines. ...more
The Supreme Court ended its 2021 term with a much-anticipated decision in West Virginia v. EPA.1 The 6-to-3 decision held that the Environmental Protection Agency (“EPA”) does not have the authority under Section 111(d) of...more
I’ve written a lot about how the developing science around particulate exposure supports making the PM2.5 NAAQS more stringent. So it won’t come as a surprise that a new study published in the Proceedings of the National...more
EPA’s power to curb greenhouse gases faces Supreme Court scrutiny - Courthouse News Service – October 29 - The Supreme Court announced last Friday that it will hear challenges brought by the states of West Virginia...more
U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan (“Administrator”) in an October 12th letter responded to a Petition for Reconsideration submitted by the Sierra Club, Environmental Defense Fund,...more
The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more
One thing that is clear from the 2020 election: the Senate will remain closely divided, with slim majority control to be determined by the two January Senate runoff races in Georgia. President Elect Biden has announced the...more
As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued,...more
President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more
EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more
EPA took major steps on August 18, 2015 to curtail methane emissions from the oil and gas industry by simultaneously releasing four new proposed rules. These actions are part of the Obama Administration’s larger climate...more
The House Energy & Commerce Committee’s Subcommittee on Energy and Power announced that it will hold a hearing to review the Environmental Protection Agency’s proposal to regulate carbon dioxide emissions from existing power...more
We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more
On June 2, 2014, the Environmental Protection Agency (EPA) released a draft of its proposed rule that will, for the first time, limit carbon dioxide (CO2) emissions at existing fossil-fuel fired electric utility generating...more
The US Court of Appeals for the District of Columbia Circuit (DC Circuit) issued two important air quality decisions during the last week of May. In both cases, the position supported by industry prevailed....more
The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more
Gunnison Sage Grouse Continues Its Wobbly Path Toward Listing Energy Legal Blog, May 14, 2014 - Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act...more
In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels...more