News & Analysis as of

Air Pollution Clean Air Act Judicial Review

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more

Holland & Knight LLP

Clean Air Act Rulemakings Don't Follow the Normal Rules – Just Ask the Supreme Court

Holland & Knight LLP on

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

Foley Hoag LLP - Environmental Law

Deja Vu One More Time? What Will Happen If EPA Ignores CASAC Regarding the Ozone NAAQS?

Last week, Inside EPA (subscription required) reported that the Clean Air Science Advisory Committee has pretty much agreed that the National Ambient Air Quality Standards for ozone must be made more stringent. Apparently,...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

(ACOEL) | American College of Environmental...

Combating Climate Change with the Clean Air Act’s International Air Pollution Provision

As the key staffing decisions and priority policy agendas for President-elect Joseph R. Biden begin to take shape, the questions of when and how the administration will act on his campaign’s climate plan are front and center....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed St. James Parish, Louisiana Petrochemical Complex/Clean Air Act: Environmental Organizations' Petition for Judicial...

The Sierra Club, Center for Biological Diversity, and other organizations (collectively “Sierra Club”) filed a February 14th Petition for Judicial Review (“Petition”) challenging a January 6th Louisiana Department of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Regional Haze/Arkansas: Sierra Club Petition for Review Challenging U.S. Environmental Protection Agency Approval of Plan...

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: D.C. Circuit Addresses Venue

The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more

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