News & Analysis as of

Regulatory Agenda Clean Air Act

Foley Hoag LLP - Energy & Climate Counsel

Supreme Court Refuses to Halt EPA Power Plant Emissions Rule Pending Federal Appeal

On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired...more

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

National Environmental Policy Act/Proposed Amendments: U.S. House of Representatives Committee on Natural Resources (Congressman...

The United States House of Representatives Committee on Natural Resources (“Natural Resources Committee”) held a September 4th Hearing addressing: Discussion Draft of H.R. __ (Rep. Westerman), To amend the National...more

Mayer Brown

Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act

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Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which...more

Ballard Spahr LLP

Demise of Chevron Deference Sends Shockwaves Through Labor and Employment Regulatory Landscape

Ballard Spahr LLP on

In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more

Pierce Atwood LLP

D.C. Circuit Court Affirms EPA’s Power to Regulate Biogas

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On July 19, 2024, the D.C. Circuit Court upheld modified EPA regulations on monitoring biogas-derived renewable fuel, rejecting the petition of the Coalition for Renewable Natural Gas (the Coalition) -- a trade association...more

Goldberg Segalla

Big Wheel Keep on Turnin’, EPA Keep on Churnin’ Out Regulations

Goldberg Segalla on

Stationary combustion turbines, often referred to as gas turbines, are used to generate high volumes of electricity at power stations, dams, and industrial centers. Despite their size, noise, and prodigious output, these...more

Foley Hoag LLP - Energy & Climate Counsel

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business...

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more

Mayer Brown

Lawsuit Challenges Recent California Climate Disclosure Laws

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As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more

(ACOEL) | American College of Environmental...

The Rise and Decline of Coal Mining Jobs, 1970-2022

Coal production and mining jobs over the past half-century have been influenced by several factors, principally demand from the utility sector, technological breakthroughs in natural gas production, railroad deregulation, and...more

ArentFox Schiff

Warehouse and Logistics Operations Targeted by Regulatory Push for “Indirect Source Rules” Targeting Vehicle Emissions

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Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...more

Jones Day

EPA Proposes Regulations to Implement Methane Fee

Jones Day on

The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more

Sheppard Mullin Richter & Hampton LLP

California Climate Change Legislation, Policy and Regulation – 2023 in Review

As we enter 2024, we once again review the most significant legislation, policy changes and regulatory actions with respect to climate change taken by California in the past year. In contrast to 2022, which brought a revamp...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

Williams Mullen

Environmental Notes - October 2023

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The first three quarters of 2023 have seen an unprecedented number of rulemakings under the Clean Air Act. The Biden administration has released a new suite of proposed rulemakings with a particular focus on climate change...more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

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

Holland & Knight LLP

EPA Publishes Semiannual Agenda Previewing PFAS-Related Agency Actions

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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

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

Small/Intermediate Gasoline Bulk Storage Plants/NESHAP: Congressional Letter to U.S. Environmental Protection Agency Requesting...

A combined 82 Senators and Members of the United States House of Representatives sent a May 22nd letter to United States Environmental Protection Agency Administrator Michael Regan addressing certain aspects of EPA’s proposed...more

Robinson+Cole Environmental Law +

EPA’s Proposal to Tighten the Fine Particulate NAAQS: What's Proposed, Who's Potentially Impacted

On January 6, 2023, the U.S. Environmental Protection Agency (the EPA) released a pre-publication copy of a Proposed Rule, which will lower the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter...more

Foley Hoag LLP - Environmental Law

EPA Proposes to Lower the PM2.5 NAAQS — Searching For the Goldilocks Level

EPA has finally proposed revisions to the national ambient air quality standard for PM2.5. The Administrator is proposing to lower the standard from 12.0 ug/m3 to a range of 9.0 to 10.0 ug/m3....more

BakerHostetler

What's Next in the Regulation of Methane Emissions?

BakerHostetler on

What’s Next in the Regulation of Methane Emissions? Previously in our sessions, I have discussed carbon dioxide and what policymakers should do about it. Last month I explained it in full in a speech to the Independent...more

King & Spalding

West Virginia v. EPA: The Forecast is Cloudy for Environmental and Agency Regulation

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The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...more

ArentFox Schiff

Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”

ArentFox Schiff on

One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...more

Morgan Lewis

EPA Signals Heightened Focus on Environmental Justice with Sweeping Guidance

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The Biden-Harris administration recently affirmed its commitment to advancing environmental justice, issuing a sweeping guidance document on May 26, 2022. At first glance, the guidance from the US Environmental Protection...more

Jenner & Block

Earth Week Series: The Future of Environmental Regulation

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As we near Earth Day 2022, the United States may be headed toward a profound change in the way EPA and similar administrative agencies regulate the complex areas of environmental law. EPA began operating more than 50 years...more

ArentFox Schiff

Chevron Agrees to Fenceline Monitoring at Three Texas Plants in DOJ Settlement

ArentFox Schiff on

The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda. One of the tools it has deployed is “fenceline monitoring” where perimeter monitors are used to assess whether...more

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