The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction. On April 9, 2024, the US...more
The United States Environmental Protection Agency (“EPA”) has issued a prepublication final rule addressing Clean Air Act National Emissions Standard for Hazardous Air Pollutants (“NESHAP”) for gasoline distribution...more
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
Twenty-four State Attorneys General filed a Petition for Review (“Petition for Review”) in the United States Court of Appeals for the District of Columbia Circuit challenging a United States Environmental Protection Agency...more
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level...more
The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for state and federal Title V...more
On March 15, 2023, EPA finalized its Good Neighbor Plan under the Clean Air Act (“CAA”), a rule designed to reduce smog-forming nitrogen oxide ("NOx") pollution from power plants and other industrial facilities in 23 upwind...more
The United States Environmental Protection Agency (“EPA”) published on February 15th a final rule reaffirming its decision that it remains appropriate and necessary to regulate hazardous air pollutants (“HAP”) from power...more
On Jan. 5, the U.S. Environmental Protection Agency (“EPA”) published a Final Rule in the Federal Register adding 1-bromopropane (“1-BP”) to the list of hazardous air pollutants (“HAPs”) under Section 112 of the Clean Air Act...more
The United States Environmental Protection Agency (“EPA”) issued a final rule retaining the current National Ambient Air Quality Standard (“NAAQS”). This leaves in place the ozone NAAQS that was promulgated during the...more
U.S. EPA’s final rule reversing its 25 year old hazardous air pollutant “once in/always in” policy will soon be published in the Federal Register and will become effective 60 days thereafter. While first announced in a...more
The United States Environmental Protection Agency (“EPA”) issued a July 24th Federal Register notice promulgating the final rule addressing Clean Air Act National Emission Standards for Hazardous Air Pollutions (“NESHAP”) for...more
The United States Environmental Protection Agency (“EPA”) in a February 5th Federal Register Notice issued a final rule that states it: . . . revises its regulations to streamline and clarify processes related to...more
The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) challenging the United States Environmental Protection Agency (“EPA”) approval of revisions to...more
The United States Environmental Protection Agency (“EPA”) published an August 8th Federal Register notice containing a direct final rule that approves revisions to the Arkansas State Implementation Plan (“SIP”). See 83 Fed....more
The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works (“POTW”). ...more
The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more
A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more
Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants...more
CONGRESS FINDS THE FORMULA TO REFORM CHEMICAL REGULATION - The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United...more
On February 19, 2016, 27 states, the United States Chamber of Commerce, and over 150 different organizations and entities (the “Petitioners”) filed their joint Opening Brief on Core Legal Issues (the “Opening Brief”), related...more