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EPA Lowers Annual PM2.5 NAAQS, With Immediate Impacts for Air Permitting

Exercising one of its most important and far-reaching powers under the Clean Air Act, the Environmental Protection Agency (EPA) has lowered the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate...more

And so It Begins…EPA Issues First Disapproval of Regional Haze Round Two

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

Air and Climate Report: January 2024

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

Are We There Yet? The Challenges of Litigating Clean Air Act Rules

The Clean Air Act (CAA) depends heavily on regulations adopted by the Environmental Protection Agency (EPA) to implement its broad and often ambiguous terms. However, proposed regulations extending EPA’s authority to new...more

Rule Limiting EPA Regulation of GHG Emissions Vacated by D.C. Circuit

On April 5, the U.S. Court of Appeals for the D.C. Circuit vacated a Trump-era rule that would have prevented the Environmental Protection Agency (EPA) from setting greenhouse gas (GHG) emissions standards for almost any...more

EPA Promulgates Final Cost-Benefit Analysis Rule for Clean Air Act Regulations

The U.S. Environmental Protection Agency (EPA or Agency) issued final regulations governing cost-benefit analyses for Clean Air Act (CAA) rulemakings on December 23, 2020. The rule, titled “Increasing Consistency and...more

EPA Proposes Revised Cross-State Air Pollution Rule for the 2008 Ozone NAAQS

On October 29, EPA published a proposed revision to its Cross State Air Pollution Rule (CSAPR) Update in response to the remand of the rule by the D.C. Circuit. The CSAPR Update was promulgated under the Clean Air Act’s “Good...more

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