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"
Two weeks ago, the Environmental Protection Agency (EPA) released its proposed repeal of the rules governing greenhouse gas emissions from fossil fuel-fired power plants. Included within the proposal is a new legal...more
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
On June 17, 2025, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule to repeal the amendments to the Mercury and Air Toxics Standards (“MATS”) adopted by the Biden administration in 2024. These...more
In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...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
The National Waste & Recycling Association (“NWRA”) submitted July 2nd comments to the United State Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) in...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 National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...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
A combined 82 Senators and Members of the United States House of Representatives sent a May 22nd letter to United States Environmental Protection Agency Administrator Michael Regan addressing certain aspects of EPA’s proposed...more
An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that could impact business as usual? Any surprises this year? This article...more
On January 6, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to lower the primary National Ambient Air Quality Standard (NAAQS) for fine/inhalable particulate matter (PM2.5). These proposed...more
On January 6, 2023, the U.S. Environmental Protection Agency (the EPA) released a pre-publication copy of a Proposed Rule, which will lower the annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter...more
The U.S. Environmental Protection Agency (USEPA) announced on January 6, 2023, that it is proposing to modify the National Ambient Air Quality Standard (NAAQS) for Fine Particulate Matter (PM2.5). The current annual primary...more
The United States Environmental Protection Agency (“EPA”) announced on January 6th a proposed rule which will strengthen the National Ambient Air Quality Standard (“NAAQS”) for fine particulate matter.. EPA had...more
On January 6, 2023, EPA announced that is was issuing a proposed rule to lower the National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”), also referred to as soot...more
The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more
EPA’s latest proposed rule targeting NOx emissions from fossil-fueled electric generating units (EGUs) is a classic study of diminishing returns. It marks the seventh round of NOx controls for the EGU sector since 1990. The...more
The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus...more
Congress addressed the issue of interstate transport of air pollution in the Clean Air Act by enacting a “Good Neighbor Provision.” That provision requires upwind states to eliminate their contributions to air pollution in...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 United States Environmental Protection Agency (“EPA”) is proposing provisions to the General Provisions of the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”). David Carstens of Harbor...more
The National Association of Clean Air Agencies (“NACAA”) submitted October 4th comments to the United States Environmental Protection Agency (“EPA”) on its proposed National Emission Standards for Hazardous Air Pollutants...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
BAAQMD Developing Rules to Regulate Methane Emission - The Bay Area Air Quality Management District (“BAAQMD”), as part of its Methane Strategy, is pursuing rules to address methane emissions from several source categories....more