News & Analysis as of

Clean Air Act State and Local Government Environmental Protection Agency (EPA)

Baker Donelson

Endangerment Finding Reconsidered as Clean Air Waivers Are Targeted

Baker Donelson on

California's unique ability to set its own vehicle emissions standards under Section 209(b) of the Clean Air Act (CAA) is facing unprecedented legal and political challenges. At the center of the controversy is Congress's...more

Alston & Bird

Change is in the Air for Greenhouse Gas Vehicle Emissions Standards

Alston & Bird on

Our Environment, Land Use & Natural Resources Group examines recent federal actions that may reshape federal greenhouse gas (GHG) vehicle emissions standards as well as California’s and other states’ authority to set and...more

Allen Matkins

California Environmental Law & Policy Update 8.1.25

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The U.S. Environmental Protection Agency (EPA) on July 29 proposed to repeal its landmark finding that greenhouse gas emissions endanger public health. The EPA’s so-called endangerment finding, issued in 2009, is a formal...more

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

Maryland Offshore Wind Project/New Source Review: U.S. EPA Environmental Appeals Board Challenge Filed

The Mayor and City Council of Ocean City and the Commissioners of Worcester County, Maryland (collectively, “Petitioners”) filed on July 8th before the United States Environmental Protection Agency’s Environmental Appeals...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing La Paz County, Arizona Gold Mine

The Center for Biological Diversity (“CBD”) filed a June 6th Petition to Object addressing the Bonanza Explorations’, Inc. Clean Air Act Title V Permit renewal.’ The Petition objects to the renewal of a Title V Operating...more

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

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

Hogan Lovells

Senate effectively blocks California’s “EV Mandate” and related waivers using Congressional Review Act

Hogan Lovells on

On May 22, 2025, the Senate passed several joint resolutions to disapprove the Environmental Protection Agency’s (EPA’s) Clean Air Act (CAA) waiver of preemption for California’s Advanced Clean Cars II (ACC II), Advanced...more

Vorys, Sater, Seymour and Pease LLP

Why Ohio Businesses Should Continue Environmental Compliance Efforts Amid Federal Shifts

Why Ohio businesses should continue environmental compliance efforts amid federal shifts - During the first Trump administration, federal regulatory policies experienced significant changes under a policy of pro-industry...more

BCLP

PFAS Air Emissions Restrictions

BCLP on

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory...more

Snell & Wilmer

EPA Steps Back, Arizona Moves Forward

Snell & Wilmer on

In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Weld County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed an April 3rd Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to DC Operating Company, LP for the...more

Verrill

Implications of Trump Executive Orders for Massachusetts Environmental Justice Programs 

Verrill on

On the first day of his Presidency, among 26 other Executive Orders that day, Donald Trump issued his Unleashing American Energy Executive Order rescinding President Biden’s Executive Order 14096 of April 21, 2023...more

Mintz - ML Strategies

Potential Fallout if Endangerment Finding Is Rescinded

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On March 13, the Environmental Protection Agency (EPA) announced it would move forward with reconsideration of the Greenhouse Gas Endangerment Finding (Endangerment Finding) as directed in President Trump’s Executive Order...more

Foley Hoag LLP - Energy & Climate Counsel

Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?

On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert. denial leaves in place the 9th Circuit Court of Appeals decision that ordered the case dismissed for lack of standing. At least for...more

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

Title V/Clean Air Act: Harris County, Texas Petition to Object Filed Addressing Deer Park Chemical Manufacturing Facility

Harris County, Texas filed a March 10th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related to the Lubrizol Corporation’s Deer Park Plant (“Plant”)....more

Morrison & Foerster LLP

Advanced Clean Fleets Regulations No Longer in Force for Most Fleet Operators and Owners

In the face of the Trump administration’s hostility toward California’s Clean Air Act waivers in general, CARB withdrew its request to EPA for a waiver for the Advanced Clean Fleets (ACF) regulation on January 13, 2025....more

Allen Matkins

California Environmental Law & Policy Update 2.21.25

Allen Matkins on

The Trump administration is taking steps to challenge California’s authority to set stricter vehicle emissions standards by targeting state rules that mandate the sale of zero-emission vehicles (ZEVs). Last Friday, U.S....more

Morris James LLP

An Endangered Species: Delaware environmental policy and permitting

Morris James LLP on

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

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

Nominee for U.S. Environmental Protection Agency Administrator - Lee Zeldin: National Association of Clean Air Agencies Letter of...

The National Association of Clean Air Agencies (“NACAA”) transmitted a December 18, 2024, letter to Lee Zeldin. Mr. Zeldin is President Trump’s nominee for Administrator of the United States Environmental Protection...more

Allen Matkins

California Withdraws Clean Air Act Waiver Requests for Vehicle Emissions Standards

Allen Matkins on

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the EPA needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use...more

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

U.S. Environmental Protection Agency Transition Team: Association of Clean Water Administrators/National Association of Clean Air...

Ten national organizations that represent state, tribal, and local partners transmitted a January 6th letter to the United States Environmental Protection Agency Transition Team offering assistance to the second Trump...more

Foley & Lardner LLP

Development in Southeast Wisconsin Will Once Again be Hampered by Clean Air Rules

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New U.S. Environmental Protection Agency (EPA) air quality standards and pollution migrating from upwind states will impact growth and development in southeastern Wisconsin, beginning on January 16, 2025....more

Allen Matkins

California Environmental Law & Policy Update 11.22.24

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In a settlement approved by the San Diego Regional Water Quality Control Board on November 13, the City of Oceanside agreed to pay a $1.5 million fine for two separate spills that sent raw sewage into the Buena Vista Creek...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

Jenner & Block on

On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

Allen Matkins

California Environmental Law & Policy Update 4.05.24

Allen Matkins on

The U.S. Securities and Exchange Commission (SEC) has stayed new climate-related disclosure requirements pending judicial review, the agency said on Thursday, after criticism from across the political spectrum. The SEC’s...more

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