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"
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
EPA’s electronic mailbox is open for requests from stationary sources until March 31. In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow...more
In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more
The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more
The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more
The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more
On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more
The Tel Aviv District Court recently allowed a motion to certify a class action against the Volkswagen Group and its importer in Israel, Champion Motors Ltd. The class action focuses on the Dieselgate scandal, after an...more
Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...more
On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines. ...more
The United States Environmental Protection Agency (“EPA”) and Boro Sand and Stone, Corp. (“Boro”) entered into a January 30th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Air Act air...more
Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more
Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more
The United States Environmental Protection Agency (“EPA”) published a September 4th Federal Register Notice proposing the results of a Residual Risk and Technology Review (“RTR”) of the Clean Air Act National Emission...more
The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...more
The Sierra Club and other environmental organizations (collectively “Sierra Club”) filed an April 15th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental Protection Agency...more
In December 2011, the EPA announced the Mercury and Air Toxics Standards under Section 112 of the Clean Air Act (CAA), commonly referred to as the MATS rule. The MATS rule governs the emission of mercury from electric power...more
The Alabama Department of Environmental Management (“ADEM”) and American Midstream Chatom, LLC (“AMC”) entered into a January 11th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No.:...more
Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more
The United States Environmental Protection Agency (“EPA”) and Alliance Castings Company, LLC (“Alliance”) entered into an August 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Air Act...more
The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more
A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more
The Alabama Department of Environmental Management (“ADEM”) and Vardaman Enterprises, Inc., d/b/a Jerry’s Cleaners (“VEI”) entered into a September 14th Consent Order (“CO”) addressing alleged National Emission Standard for...more