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
EPA is withdrawing the proposed rule titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting’’ published in the Federal Register...more
A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more
State environmental policy will impact Delawareans’ quality of life and the state’s ability to attract and retain high quality jobs for years to come. Existing businesses as well as new ones rely on a rational environmental...more
In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more
The Environmental Protection Information Center and Humboldt Coalition for Clean Energy (collectively, “EPIC”) filed a January 3rd Title V Petition to Object (“Petition”) before the United States Environmental Protection...more
On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more
Three individuals and the Louisiana Bucket Brigade and Inclusive Louisiana (collectively “LBB”) filed a December 12th Petition to Object (“Petition”) to a Clean Air Act Title V permit issued by the Louisiana Department of...more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 2nd Order (“Order”) granting in part and denying in part a Petition objecting to the issuance of a Clean Air Act Title V...more
A New York Administrative Law Judge (“ALJ”) issued a decision (Ruling on Issues and Party Status [“Decisions”]) upholding the State of New York Department of Conservation (“NYDEC”) decision to deny a Clean Air Act Title V...more
Five environmental organizations filed a Petition (“Petition”) requesting that the United States Environmental Protection Agency (“EPA”) Administrator object to the issuance of Title V Renewal Permits (“Permits”) for the...more
On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008...more
The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 7th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) to the Colver Power...more
Earthjustice on behalf of certain organizations and an individual filed a May 9th Petition before the 201st District Court in Travis County, Texas, challenging the Texas Commission on Environmental Quality’s (“TCEQ”) issuance...more
The United States Court of Appeals for the First Circuit (“Court”) addressed in a December 17th Decision the issuance of an air permit by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas...more
A United States District Court (D. Colorado) (“Court”) addressed in a September 30th Order an issue arising in a Clean Air Act citizen suit related to a coal mine. See WildEarth Guardians, et al. v. Mountain Coal Company, and...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a July 8th report titled: EPA Should Conduct More Oversight of Synthetic-Minor-Source Permitting to Assure Permits...more
The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more
The Sierra Club filed a September 7th Petition for Review (“Petition”) of a Clean Air Act Prevention of Significant Deterioration Permit (“PSD Permit”) that was issued to the Tucson Electric Power Irvington/H.Wilson Sundt...more
Earlier this week, on April 30, 2018, the U.S. Environmental Protection Agency (EPA) quietly modified its source determination test that is used to determine whether emissions from nearby and closely related sources should be...more
U.S. Environmental Protection Agency (“EPA”) Assistant Administrator William L. Wehrum addressed in an April 30th letter to the Pennsylvania Department of Environmental Protection the question of whether: . . . emissions...more
The United States Environmental Protection Agency (“EPA”) issued an April 2nd Order denying a Petition of Objection to a Clean Air Act Title V Permit for Yuhuang Chemical, Inc., methanol plant (“Plant”) in St. James Parish,...more
Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more
A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more
The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more
During the week of January 18, 2016, the Department of Energy & Environment of the District of Columbia (“Department”) released a pre-draft proposal of its much-anticipated synthetic minor permitting regulations. The proposal...more