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Holland & Knight LLP

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

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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

The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief

Foley Hoag LLP - Environmental Law on

Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more

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

EPA Good Neighbor Rule/Healthier Air for Downwind States: U.S. Senate Environment & Public Works Committee Hearing

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

The United States Senate Environment & Public Works Committee (“Committee”) held a March 29th hearing titled: The EPA Good Neighbor Rule: Healthier Air for Downwind States (“Hearing”)...more

Foley Hoag LLP - Environmental Law

It’s More Important for EPA to Ensure that States Are Good Neighbors Than That They are Perfect Neighbors

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Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”....more

Foley Hoag LLP - Environmental Law

The Other Shoe Drops on Upwind Ozone States

Foley Hoag LLP - Environmental Law on

On Tuesday, the District of Columbia Court of Appeals vacated EPA’s “Close-Out Rule,” which basically concluded that upwind states contributing to exceedances of the National Ambient Air Quality Standard for ozone in downwind...more

Snell & Wilmer

Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

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The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more

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