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Holland & Knight LLP

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

Holland & Knight LLP on

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

Cozen O'Connor

EPA Chemical Accident Safety Rule Challenge Ignites AG Conflict

Cozen O'Connor on

Sixteen Democratic AGs and the Harris County Attorney (Houston, Texas) have filed a motion to intervene in a lawsuit brought by industry groups challenging the EPA’s denial of their petition for reconsideration of the...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Grainger County Rock Crushing Facility

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

The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more

Pillsbury Winthrop Shaw Pittman LLP

Journey's End? Fifth Circuit Issues Splintered Decision in Important Clean Air Act Citizen Suit Case

Pillsbury Winthrop Shaw Pittman LLP on

The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more

Foley Hoag LLP - Environmental Law

Good Neighbors Delayed Are Good Neighbors Denied

Foley Hoag LLP - Environmental Law on

Last Friday, the D.C. Circuit Court of Appeals ruled that EPA violated the Clean Air Act in failing to impose deadlines on upwind states violating the CAA’s Good Neighbor provisions. The Court concluded that, where downwind...more

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