News & Analysis as of

Administrative Procedure Act Affirmative Defenses

Snell & Wilmer

Title V Emergency Affirmative Defense Provision Reinstated by DC Circuit Court

Snell & Wilmer on

The DC Circuit Court of Appeals decided on September 5, 2025, that the U.S. Environmental Protection Agency (EPA) erred in implementing its 2023 Final Rule on “Removal of Title V Emergency Affirmative Defense Provisions From...more

Womble Bond Dickinson

Emergency Affirmative Defense for Title V Emissions Exceedances is Back

Womble Bond Dickinson on

On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more

Williams Mullen

Environmental Notes - October 2024

Williams Mullen on

EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Ballard Spahr LLP

CFPB files cross-motion for summary judgment in lawsuit alleging wrongful delay in Section 1071 implementation; describes...

Ballard Spahr LLP on

The CFPB has filed a cross-motion for summary judgment in the lawsuit filed by the California Reinvestment Coalition, the National Association for Latino Community Asset Builders, and two individual small business owners...more

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