News & Analysis as of

Regulatory Requirements 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

Oberheiden P.C.

EPA Compliance in 2024: 10 Key Areas of Concern (and 5 Tips for Success)

Oberheiden P.C. on

Companies in a wide range of industries are subject to the oversight of the United States Environmental Protection Agency (EPA). The EPA enforces numerous environmental laws, environmental regulations, and executive orders to...more

Foley Hoag LLP - Environmental Law

The D.C. Circuit Affirms EPA’s Reinstatement of California’s Authority to Set Auto Emissions Limits; Don’t Get Too Excited About...

On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more

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

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Plating Facility Enter into Consent...

United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“East Side”) entered into a March 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more

Jenner & Block

EPA Lowers the PM2.5 NAAQS

Jenner & Block on

On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more...more

ArentFox Schiff

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

ArentFox Schiff on

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

Foley Hoag LLP - Environmental Law

EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years

After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more

ArentFox Schiff

Preparing Before Accidents Happen: Best Practices for Keeping Your Company Out of the Headlines

ArentFox Schiff on

No industrial company wants to find itself on the morning news tied to a chemical spill or train derailment. Events like those can transform even the most highly regarded company into a movie villain and give rise to...more

Holland & Hart LLP

Impacts on the Western US from EPA Proposed Strengthening of Annual PM2.5 NAAQS

Holland & Hart LLP on

On January 6, 2023, EPA released a pre-publication version of its highly anticipated proposal to strengthen the National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter or PM2.5, one of two classes of...more

Clark Hill PLC

Environmental Groups Sue EPA To Force Action on Overdue Haze Plans and To Trigger Deadline for FIPs

Clark Hill PLC on

On Feb. 7, several environmental groups formally notified EPA that they intend to file suit to force EPA to act on 39 overdue state Regional Haze plans and to trigger a countdown to issuance of Federal Implementation Plans...more

BCLP

PFAS Air Emission Regulations

BCLP on

Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more

King & Spalding

Emerging Regulation, Enforcement, and Litigation Involving Ethylene Oxide, a Critical Substance for Sterilizing Medical Products...

King & Spalding on

Ethylene oxide (“EtO”), one of the most widely used and effective substances for sterilizing medical products and devices, has come under intense scrutiny by the Environmental Protection Agency (“EPA”), the Food and Drug...more

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

Regional Haze/Utah: U.S. Environmental Protection Agency Announces Approval of Revisions to State Implementation Plan

The United States Environmental Protection Agency (“EPA”) announced in the January 22, 2020 Federal Register that it was proposing to approve revisions to the State of Utah’s plan for addressing regional haze. The proposed...more

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

Regional Haze/Arkansas: U.S. Environmental Protection Agency Announces Approval of Five-Year Progress Report

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

King & Spalding

EPA and NHTSA Take Regulatory Action to Revoke California Authority to Regulate Greenhouse Gas Emissions

King & Spalding on

Action May Have Far-Reaching Impacts - Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more

Foley Hoag LLP - Environmental Law

Good Neighbors Delayed Are Good Neighbors Denied

Last Friday, the D.C. Circuit Court of Appeals ruled that EPA violated the Clean Air Act in failing to impose deadlines on upwind states violating the CAA’s Good Neighbor provisions. The Court concluded that, where downwind...more

Stoel Rives LLP

Are New Regulations Coming for Accidental Releases into Air?

Stoel Rives LLP on

On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the...more

Foley & Lardner LLP

Negotiations Idle Between EPA, California over Emissions Standards

Foley & Lardner LLP on

As President Trump’s nominee to head the Environmental Protection Agency, Andrew Wheeler, cleared a key committee vote this week, a conflict between EPA and the State of California over tailpipe greenhouse gas emissions shows...more

Akin Gump Strauss Hauer & Feld LLP

Don’t Just Investigate; Promulgate! Court Orders Chemical Safety Board to Produce Chemical Reporting Requirements

• 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

Hogan Lovells

NHTSA and EPA propose roll back of Obama-era car rules

Hogan Lovells on

The National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) issued a joint notice of proposed rulemaking today, called the "Safer Affordable Fuel-Efficient (SAFE) Vehicles...more

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

Modified Minor Sources/Arkansas State Implementation Plan: U.S. Environmental Protection Agency Region 6 Announces Approval

The United States Environmental Protection Agency (“EPA”) Region 6 Office announced in a June 29th news release that it approved certain revisions to a State of Arkansas State Implementation Plan (“SIP”). The approved...more

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

Regional Haze/Arkansas: 8th Circuit Court of Appeals Grants Motion to Stay

The United States Court of Appeals for the 8th Circuit addressed a Motion to Stay related to litigation involving application of the Clean Air Act Regional Haze requirements to Arkansas. The Order was issued on March 7th....more

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

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Arkansas State Implementation Plan

United States Environmental Protection Agency (“EPA”) issued a January 29th news release announcing approval of the State of Arkansas’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). The approval was...more

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

Arkansas Regional Haze State Implementation Plan Revision: Arkansas Department of Environmental Quality Notice of Data...

The Arkansas Department of Environmental Quality (“ADEQ”) recently announced three items in regards to its previously proposed (October 31st) revision to the Arkansas Regional Haze State Implementation Plan (“SIP”)...more

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

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Louisiana State Implementation Plan

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

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