News & Analysis as of

Comment Period Clean Air Act Environmental Policies

Jones Day

EPA Proposes Repeal of Greenhouse Gas Standards for Power Plants

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On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") issued a proposed rule to repeal all greenhouse gas ("GHG") emissions standards for fossil fuel-fired electric generating units ("EGUs") under § 111 of the...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Robinson+Cole Environmental Law +

Back From the Grave? “Once In, Always In” for Hazardous Air Pollutant Emissions

In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding.  And now it’s back in play, through regulatory revisions...more

Jenner & Block

New EPA Rule Removes Emergency Defense Waiver in Title V Air Permits

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On July 21, 2023, the Environmental Protection Agency published a final rule eliminating an affirmative defense for Clean Air Act permit emissions violations caused by “emergency” circumstances. “Major sources” (i.e....more

Jenner & Block

Proposed Fugitive Emissions Amendments Bring Clarity to Major Source Permitting Requirements

Jenner & Block on

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

Morgan Lewis

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

Morgan Lewis on

The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

Jones Day

EPA Proposes Methane Emission Regulation for Existing Oil and Gas Production

Jones Day on

After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more

Beveridge & Diamond PC

EPA Updates Enforcement Policy for Tampering and Defeat Devices 

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On November 23, 2020, EPA issued a prepublication notice regarding (i) the availability of EPA’s revised enforcement policy for vehicle and engine tampering and aftermarket defeat devices and (ii) EPA’s request for comment on...more

Pierce Atwood LLP

Maine Proposes To Opt Out Of The Ozone Transport Region

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On June 27, 2018, the Maine Department of Environmental Protection (DEP) posted for public comment a draft petition to the U.S. Environmental Protection Agency (EPA) to remove most of the state from the Ozone Transport Region...more

Stoel Rives LLP

U.S. Environmental Protection Agency Proposes to Rescind Risk Management Plan Regulations

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The U.S. Environmental Protection Agency (“EPA”), has authority under section 112(r) of the Clean Air Act (“CAA”) to require facilities that handle hazardous chemicals to develop accident prevention and emergency response...more

Dorsey & Whitney LLP

Ploughing the Same Furrow: EPA Proposes 2017 Renewable Fuel Volumes Using the Methodology From its Previous Rule

Dorsey & Whitney LLP on

On May 31, 2016, the Environmental Protection Agency (EPA) published in the Federal Register its proposed 2017 volumes under the Renewable Fuel Standard (RFS), an ever-controversial program established by Congress to spur the...more

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