US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US...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
Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues.
In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the...more
9/11/2023
/ Administrative Procedure Act ,
Biden Administration ,
Clean Air Act ,
Emergency Powers ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Louisiana ,
NESHAP ,
OMB ,
Preliminary Injunctions ,
Public Health ,
Rulemaking Process ,
Statute of Limitations
On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under...more
The onslaught of environmental justice-related reforms has continued in early 2023. Below, we will outline four issues to keep an eye on in the coming quarter....more
How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of...more
In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use...more
10/26/2022
/ Biden Administration ,
CERCLA ,
Civil Rights Act ,
Clean Air Act ,
Clean Water Act ,
Department of Environmental Quality ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Investigations ,
Louisiana ,
NAAQS ,
Regulatory Oversight
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
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
On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines.
...more