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
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged...more
The EPA’s Office of Air and Radiation (“OAR”), responsible for most of the EPA’s major air regulatory and policy efforts, will be restructured in the months to come. This shakeup comes on the heels of the EPA’s announcement...more
How Southern California Wildfires Impact Air Quality, Smoke Damage, and Insurance Coverage - The Southern California wildfires in January 2025 are expected to be one of the costliest natural disasters in United States (US)...more
The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more
Effective May 2024, EPA tightened the annual health-based National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) from 12.0 µg/m3 to 9.0 µg/m3. This change was made after a review of the available...more
Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...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
In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more
In the last four years, California has adopted some of the nation’s most innovative air regulations, including a ban on new gasoline-powered car sales by 2035 and a prohibition against diesel-fueled trucks visiting state...more
The American Lung Association (“ALA”) issued on October 29th a report titled: Something in the Air Bridging the Air Quality Data Gap with Satellite Technology (“Report”). The Report reviews the use of...more
The Commonwealth of Kentucky, Energy and Environment Cabinet and Louisville Metro Air and Pollution Control District (collectively, “Kentucky”) filed a Complaint in the United States District Court for the Western District of...more
The United States Environmental Protection Agency (“EPA”) and the Center for Biological Diversity (“CBD”) entered into an October 28th Consent Decree addressing an issue arising out of Section 108 and 109 of the Clean Air Act...more
On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more
The Oregon Department of Environmental Quality (“ODEQ”) issued a June 25th Notice of Civil Penalty Assessment and Order (“Order”) to Crash Champions, LLC (“CC”) addressing an alleged violation of certain Oregon air...more
Wisconsin Attorney General (AG) Josh Kaul has announced an $85,000 settlement with the global food supply company Kerry, Inc. in relation to the company’s operation of a liquid smoke manufacturing facility....more
The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the Lowell, Arkansas Police Department (“Department”) entered into a Consent Administrative Order (“CAO”) addressing an alleged...more
The Sierra Club filed a May 13th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to the Salt River Project Agricultural Improvement and Power District (“SRP”). ...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
On May 3, 2024, Brazil’s Federal Law No. 14,850/2024 (the “Regulation”) was passed by the President establishing the National Policy on Air Quality. The Regulation provides for the creation of a unified air quality monitoring...more
Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more
On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more
The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more
Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....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