On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more
EPA’s electronic mailbox is open for requests from stationary sources until March 31. In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow...more
Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology...more
Previously we’ve reviewed overarching expectations of the second Trump Administration, how the Trump Administration will act on California’s emissions waivers, the steps the Trump Administration is likely to take with respect...more
On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the U.S. Environmental Protection Agency (EPA) needed to support four recently adopted vehicle emissions regulations: 1) the Advanced...more
Under President Joe Biden’s Administration, multiple programs were created to invest in the necessary infrastructure and to support private development of the electric vehicle industry. Given the anticipated shift away from...more
In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more
On the day of his inauguration, President Joe Biden issued a historic number of executive orders, several of which focused on overturning actions taken by the Trump Administration’s Environmental Protection Agency (EPA). We...more
On September 23, 2024, the U.S. Environmental Protection Agency ("EPA") announced a final rule under the American Innovation and Manufacturing Act of 2020 ("AIM Act") establishing a new program overseeing hydrofluorocarbons...more
As noted in previous editions of The Climate Report, in recent months, the United States Environmental Protection Agency ("EPA"), Federal Highway Administration ("FHA"), and California Air Resource Board ("CARB") have imposed...more
While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more
An article by Foley & Lardner Partner Vanessa Miller that provides a guide to force majeure provisions was published in mdm Distribution Intelligence. To address potential risks to national security, the U.S. Commerce...more
In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for malfunctions associated with violations of New Source Performance Standards (NSPS) and National Emission...more
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more
The Waste-to-Energy Association (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more
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
Last week, Virginia Governor Glenn Youngkin announced that, effective January 1, 2025, Virginia will exit a California-led electric vehicle (EV) mandate and will instead comply with less stringent federal guidelines. The...more
Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more
California Attorney General (AG) Rob Bonta is leading a coalition of 22 Democratic states and the District of Columbia, to defend the Environmental Protection Agency’s (EPA) rule that sets stringent greenhouse gas emissions...more
Nebraska Attorney General (AG) Mike Hilgers is leading multi-state coalitions in two lawsuits aimed at challenging the Biden Administration and the State of California’s electric vehicle mandates on truck owners and operators...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Foley & Lardner provided an overview of recent state and federal...more
March and April have been busy months for vehicle emission regulation in the U.S. On March 20 and March 29 respectively, the U.S. Environmental Protection Agency (U.S. EPA) issued a set of final emission rules setting...more
The United States Environmental Protection Agency (“EPA”) issued a final denial of a petition requesting removal of the Stationary Combustion Turbines source categories from the list of categories of major sources of Clean...more