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When Does an Idled Facility Become “New” Under the Clean Air Act?

The U.S. Court of Appeals for the Third Circuit recently rejected EPA’s application of its “Reactivation Policy” to a St. Croix, USVI refinery, finding that a Clean Air Act (CAA) Prevention of Significant Deterioration (PSD)...more

EPA’s Environmental Justice Continues to Expand its Reach with the Issuance of Draft Action Plan for EPA’s Office of Land and...

On January 5, 2022, the United States Environmental Protection Agency (EPA) issued its Draft Environmental Justice Action Plan (Draft EJ Action Plan), which identifies Environmental Justice (EJ) measures that have been or...more

Frozen! Delayed! Biden Administration to Review Environmental Regulations

Consistent with former administrations, the Biden administration took early actions to halt or review administrative regulations. One of the earlies administrative actions taken by the Biden administration was to freeze...more

Congressional Review Act – Too Many Priorities, Too Little Time

A unified Congress has the opportunity to reverse “midnight rules”– those regulations finalized in the waning days of the Trump administration - through use of its review powers under the 1996 Congressional Review Act, 5...more

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