News & Analysis as of

Clean Air Act Environmental Protection Agency (EPA) Trump Administration

Vinson & Elkins LLP

EPA Restores Viability of RFS Small Refinery Exemption, Signals New Policy Approach Moving Forward

Vinson & Elkins LLP on

On August 22, 2025, the Environmental Protection Agency (“EPA”) announced decisions on 175 small refinery exemption (“SRE”) petitions stretching back over the last four years. EPA’s scorecard reads that 63 petitions were...more

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Jackson Walker

EPA Proposes Rollback of Climate and Power Plant Regulations

Jackson Walker on

The Environmental Protection Agency (EPA) has launched a regulatory rollback campaign implementing President Trump’s energy and deregulatory agenda. These proposed actions represent a fundamental shift toward policies...more

Holland & Knight LLP

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

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The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012...more

Brownstein Hyatt Farber Schreck

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This...more

ArentFox Schiff

EPA Proposes Repeal of 2009 Endangerment Finding Impacting Greenhouse Gas Regulations

ArentFox Schiff on

On July 29, the US Environmental Protection Agency (EPA) announced a proposal to rescind its 2009 Endangerment Finding....more

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

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EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

White & Case LLP

Trump Administration Issues Executive Order to Streamline Data Center Development

White & Case LLP on

On July 23, 2025, President Trump issued an Executive Order (the "EO") that directs federal agencies to streamline permitting reviews, provide financial support, and utilize federal land for the expeditious development of...more

DLA Piper

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

DLA Piper on

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from...more

Haynes Boone

EPA Proposes Repeal of Legal Foundation for Greenhouse Gas Rules

Haynes Boone on

The U.S. Environmental Protection Agency (EPA) has proposed a major shift in regulatory policy—to rescind the agency’s 2009 “Endangerment Finding” and to repeal all resulting emission standards for new motor vehicles and...more

Jones Day

EPA Initiates Rulemaking to Eliminate the 2009 GHG Endangerment Finding

Jones Day on

The U.S. Environmental Protection Agency ("EPA") proposes rescission of the 2009 Endangerment Finding, which underpins greenhouse gas regulation under the Clean Air Act....more

Hogan Lovells

EPA proposes reconsidering the 2009 GHG endangerment finding

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On July 30, 2025, the Environmental Protection Agency (EPA) issued a proposed rule to reconsider the 2009 Endangerment Finding that has served as the foundation for EPA's authority to regulate greenhouse gases (GHGs) for...more

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration (Updated with New Information from EPA Announcement on July 29,...

Baker Botts L.L.P. on

Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

Akin Gump Strauss Hauer & Feld LLP

Regulatory Relief for Certain Stationary Sources to Promote American Chemical Manufacturing Security (Trump EO Tracker)

Grants a two-year exemption from compliance with the EPA’s HON Rule for 25 specified chemical manufacturing facilities. Extends implementation of new hazardous air pollutant standards under Section 112 of the Clean Air Act,...more

Foley Hoag LLP - Environmental Law

Superfund May Be Fundamentally Broken, But That Doesn't Mean that It Can't Be Improved

Because the risks posed by superfund sites pale in comparison to the risks posed by air pollution and broader water pollution issues regulated under the Clean Water Act, I have been and remain deeply skeptical of the Trump...more

K&L Gates LLP

EPA Plans Reset of GHG and Mercury Rules for Power Plants

K&L Gates LLP on

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

Jones Day

EPA Proposes Repeal of 2024 Mercury and Air Toxics Standards Amendments

Jones Day on

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

Goldberg Segalla

New Proposed Rules Would Repeal Certain Regulations on Power Plants, Mercury and Air Toxics Standards

Goldberg Segalla on

The Trump administration is proposing two repeals: one on regulations of power plants and the other on certain amendments to the 2024 Mercury and Air Toxics Standards. The administration believes these regulations have...more

Jenner & Block

California Vehicle Waiver: Congressional Review Act Showdown

Jenner & Block on

The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order...more

Vinson & Elkins LLP

EPA Proposes to Repeal Biden-era Regulations Governing Air Toxic Emissions from Coal- and Oil-Fired Power Plants

Vinson & Elkins LLP on

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

Morgan Lewis

EPA Proposes Repeal of Greenhouse Gas Standards for Power Plants

Morgan Lewis on

The US Environmental Protection Agency recently issued a proposed rule and accompanying press release announcing its intent to repeal both the 2015 greenhouse gas emissions standards for new fossil fuel-fired power plants...more

Latham & Watkins LLP

EPA Proposes Repeal of Power Plant GHG Emissions Standards

Latham & Watkins LLP on

If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more

Allen Matkins

California Environmental Law & Policy Update 6.13.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) moved this Wednesday to erase limits on greenhouse gases from power plants and to weaken restrictions on other hazardous power plant emissions, including mercury, arsenic, and...more

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