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 Center for Biological Diversity (“CBD”) filed a June 6th Petition to Object addressing the Bonanza Explorations’, Inc. Clean Air Act Title V Permit renewal.’ The Petition objects to the renewal of a Title V Operating...more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more
The Louisiana Department of Environmental Quality (“LDEQ”) issued an April 28th news release announcing the release of the Final Report on the Community Air Monitoring and Notification System Task Force (“Task Force”)....more
The National Association of Clean Air Agencies (“NACAA”) issued a document titled: Recommendations for FY 2026 Federal Grant Funding for State and Local Clean Air Agencies (“Recommendations”)....more
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to...more
States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern...more
On March 13, the Environmental Protection Agency (EPA) announced it would move forward with reconsideration of the Greenhouse Gas Endangerment Finding (Endangerment Finding) as directed in President Trump’s Executive Order...more
Ask any New Yorker what their top five complaints are about the city and either “traffic” or “gridlock” (or both) are all but certain to be represented. Indeed, you don’t get to be called “the Business Capital of the World”...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...more
The Missouri Department of Natural Resources (“MDNR”) and AHF, L.L.C. d/b/a AHF of Pennsylvania, LLC (“AHF”) entered into a February 11th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri...more
Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more
The Tennessee Air Pollution Control Board (“Board”) issued a January 22nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Smyrna Ready Mix Concrete, LLC (“Smyrna”) addressing an alleged violation of...more
The Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more
Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more
On December 12, 2024, the California Department of Fish and Wildlife released its draft Western Joshua Tree Conservation Plan (Draft Conservation Plan) to the California Fish and Game Commission (Commission), as required by...more
California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more
As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more
In 1994, under Executive Order 12898, environmental justice was recognized as a federal initiative administered by the U.S. Environmental Protection Agency (EPA). Since then, the environmental justice movement has expanded,...more
As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more
The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more
Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more
While the presidential transition has focused attention on the energy and environmental policy initiatives that likely will be undertaken by the Biden-Harris Administration, the Commonwealth of Massachusetts continues to...more
On November 19, 2020, U.S. EPA published its decision to remove Ohio’s air pollution nuisance rule from Ohio’s SIP in the Federal Register. The removal came at the request of Ohio EPA because the nuisance rule does not have a...more
Key Takeaways - • On September 18, 2020, New Jersey Governor Phil Murphy signed landmark environmental justice legislation into law. The law (S232), which the state legislature passed last month, requires the New Jersey...more
Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more