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Clean Air Act State Attorneys General

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — June 2025

The SEC’s mandatory climate disclosure rule remains stayed pending the outcome of the current litigation in the Eighth Circuit. Recently, however, Republican SEC Commissioner Mark Uyeda suggested that the Trump administration...more

Cozen O'Connor

California to Repeal Clean Fleets Regulation Following GOP AGs Challenge

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A group of 16 Republican AGs, the Arizona legislature, and a trade association announced that as a result of their lawsuit challenging California’s Advanced Clean Fleets regulation, the California Air Resources Board (CARB)...more

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Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

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A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged...more

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EPA Chemical Accident Safety Rule Challenge Ignites AG Conflict

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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

Troutman Pepper Locke

22 AGs Challenge New York’s Climate Superfund Law

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A coalition of industry associations and 22 state attorneys general (AG), led by West Virginia AG JB McCuskey, filed a lawsuit against the State of New York in the U.S. District Court for the Northern District of New York...more

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Red State AGs Sue New York State in Challenge to Climate Change Superfund Act

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In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...more

Cozen O'Connor

New York Climate Superfund Law Faces Heated Opposition from Republican AGs

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A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in...more

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Republican AGs Want to Vaporize EPA Rule Imposing Methane Charges

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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

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

Odor/Air Enforcement: Massachusetts Attorney General Files Judicial Action Against Grafton Animal Feed Dehydrator Operation

The Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more

Cozen O'Connor

Republican AGs Urge EPA to Block CA’s Clean Fleets Regulation

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A group of 24 Republican AGs submitted comments urging the EPA to deny California’s request for a preemption waiver for its Advanced Clean Fleets Regulation, which requires certain vehicle fleets to incorporate zero-emitting...more

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

NSPS for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units/Clean Air Act:...

Arkansas Attorney General Tim Griffin and 24 other state Attorney Generals filed on May 9th a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the recent rule...more

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Republican AGs Ask Court to Stay Rule Limiting Methane Emissions

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A group of 24 Republican AGs and Arizona legislative leaders have filed a motion to stay the EPA’s final rule on Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing...more

Troutman Pepper Locke

California AG Settles Alleged Violations of Engine Emission Control and Certification Requirements

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California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more

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Massachusetts AG Alleges Asbestos Mishandling

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Massachusetts AG Andrea Joy Campbell filed a lawsuit against Holtec Decommissioning International LLC and Holtec Pilgrim LLC (collectively, “Holtec”) alleging that Holtec violated the state’s Air Act and related regulations...more

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Allegedly NOx-ious Defeat Devices Prove Costly for Engine Manufacturer

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California AG Rob Bonta and the California Air Resources Board (CARB) settled with Cummins Inc. to resolve allegations that the engine manufacturer violated California consumer protection laws and the state’s Health and...more

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The State AG Report – 11.9.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: · Dunkin’ Franchisees Wake Up and Smell the Coffee in $1...more

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Keep on Trucking in California, Say Republican AGs

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Nineteen Republican AGs filed a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit over an Environmental Protection Agency (EPA) final action that granted two California Air Resource Board...more

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Refinery Operator Settles with Texas AG for $1.3 Million over Allegedly Unlawful Emissions

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Texas AG Ken Paxton settled with TotalEnergies Petrochemicals & Refining USA, Inc. to resolve allegations that the operator of a Port Arthur refinery violated the Texas Clean Air Act by repeatedly emitting unauthorized...more

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EPA Efforts to Strengthen Air Quality Standards Meet AG Resistance

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A 19-state coalition of Republican AGs wrote a letter to the EPA opposing a proposed rule that adjusts the national ambient air quality standards for particulate matter (NAAQS) by lowering the annual allowable levels for air...more

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AGs Support EPA’s Efforts to Lower Oil and Gas Sector’s Greenhouse Gas Emissions

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A group of 19 AGs co-signed a comment letter supporting an EPA supplemental proposal to strengthen emissions regulations for facilities in the oil and natural gas sector. The proposal contains the first EPA emission...more

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The State AG Report – 2.9.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •AG James Settles over Sale of Unlawful Monitoring Software-...more

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Magellan Terminals Holdings to Pay $600,000 in Settlement over Texas Clean Air Act Allegations

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Texas AG Ken Paxton settled with Magellan Terminals Holdings, L.P. over allegations that the company violated the Texas Clean Air Act through conduct that resulted in a large fire at its bulk petroleum terminal in Corpus...more

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AGs Advocate for Enhanced Chemical Accident Prevention Regulations

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A multistate coalition of 20 AGs and the County Attorney of Harris County, Texas, issued comments on the EPA’s proposed rule titled “Safer Communities by Chemical Accident Prevention.” The proposed rule would strengthen the...more

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Republican AG Coalition Sues EPA Over California Emissions Standards

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A coalition of AGs from 17 Republican states filed a Petition for Review in the District of Columbia Circuit of the EPA’s reinstatement of California’s ability to independently set emissions standards under the Clean Air Act....more

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Clearing the Air: AG Coalition Led by California Comments on Proposed EPA Regulation of Aircraft Emissions

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California AG Rob Bonta and the California Air Resources Board led a coalition of 12 states in urging the EPA to adopt more protective standards for particulate matter emissions from airplanes in comments submitted in...more

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