Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
The U.S. Environmental Protection Agency’s (EPA) Risk Management Program (RMP) regulations, 40 C.F.R. Part 68, appear to be headed back to rulemaking. These much-debated provisions have been amended, rescinded, and...more
On March 12, 2025, the U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that the agency is undertaking 31 significant actions in furtherance of the President’s Inaugural Day Executive Orders....more
The Biden administration introduced wide-ranging environmental regulations with profound and far-reaching effects on the environment and the economy. In its first two weeks, the Trump administration has signaled an attempt...more
A group of 23 Republican AGs filed a petition for review in the U.S. Court of Appeals for the D.C. Circuit of the EPA’s Final Rule requiring charges on certain oil and gas producers exceeding Congressional methane emissions...more
Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more
Last week, Arizona Attorney General (AG) Kris Mayes filed a lawsuit against FCA (formerly Fiat Chrysler) and Cummins for alleged violations of the Arizona Consumer Fraud Act by falsely advertising that certain vehicles were...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
The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more
The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction. On April 9, 2024, the US...more
On March 11, 2014, the Environmental Protection Agency (EPA) published in the Federal Register amendments to the Risk Management Program (RMP) rule (Final Rule). Going into effect on May 10, 2024, EPA’s Final Rule, named the...more
On March 11, the U.S. Environmental Protection Agency (EPA) published the long-awaited Safer Communities by Chemical Accident Prevention Rule (Final Rule), which concluded a nearly decadelong process — spanning three...more
On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more...more
On March 1, 2024, the U.S. Environmental Protection Agency (EPA) signed its final “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident...more
On February 7, 2024, the U.S. Environmental Protection Agency (EPA) released its Final Rule lowering the primary annual National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM 2.5) from the current level...more
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
EPA’s Big Plans for 2023: Top Air Rulemakings We Are Watching - An environmental lawyer walks into a cocktail party. An often-asked question is: What is happening at EPA in your world? What should we be watching that...more
On March 15, 2023, EPA finalized its Good Neighbor Plan under the Clean Air Act (“CAA”), a rule designed to reduce smog-forming nitrogen oxide ("NOx") pollution from power plants and other industrial facilities in 23 upwind...more
The U.S. Environmental Protection Agency (EPA or Agency) issued final regulations governing cost-benefit analyses for Clean Air Act (CAA) rulemakings on December 23, 2020. The rule, titled “Increasing Consistency and...more
Under newly finalized rule, the U.S. Environmental Protection Agency (EPA) would be required to uniformly document the benefit-cost analysis (BCA) for all significant rulemakings under the Clean Air Act (CAA). The final rule,...more
The United States Environmental Protection Agency (‘EPA”) and Barron County Waste to Energy Facility (“BCWEF”) entered into a May 12th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the Clean...more
On October 1, the Environmental Protection Agency issued a prepublication version of a final rule establishing a new National Ambient Air Quality Standard (NAAQS) for ozone. The final rule lowers the primary and secondary...more