News & Analysis as of

Environmental Protection Agency (EPA) Clean Air Act

Vinson & Elkins LLP

EPA Restores Viability of RFS Small Refinery Exemption, Signals New Policy Approach Moving Forward

Vinson & Elkins LLP on

On August 22, 2025, the Environmental Protection Agency (“EPA”) announced decisions on 175 small refinery exemption (“SRE”) petitions stretching back over the last four years. EPA’s scorecard reads that 63 petitions were...more

Cozen O'Connor

Republican AGs Support End of California Vehicle Emission Regulations

Cozen O'Connor on

Iowa AG Brenna Bird led a group of 26 Republican AGs in filing two amici curiae briefs urging the dismissal of pending challenges to Environmental Protection Agency waivers allowing California to enforce its own vehicle...more

Verrill

EPA’s Proposed Reversal of the Greenhouse Gas Endangerment Finding—How Politics Drives Legal Reinterpretation of the Clean Air Act

Verrill on

On August 20, 2025, Massachusetts Attorney General Andrea Campbell, among several other state attorneys general, testified in opposition to the Environmental Protection Agency’s (EPA) proposal to reverse its 2009 finding that...more

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

Commercial and Industrial Solid Waste Incineration Units/Disaster Recovery: U.S. Environmental Protection Agency Interim Final...

The United States Environmental Protection Agency (“EPA”) published on August 22nd an Interim Final Rule/Request for Comment providing for the temporary use of incineration units subject to commercial and industrial solid...more

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

Project Emissions Accounting/Clean Air Act: Environmental Defense Fund Files Judicial Challenge to U.S. Environmental Protection...

The Environmental Defense Fund, Environmental Integrity Project, Natural Resources Defense Council, and Sierra Club (collectively, “EDF”) filed in the United States Court of Appeals for the District of Columbia Circuit an...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and City of Dallas, Oregon Wastewater Treatment Plant Enter into...

The United States Environmental Protection Agency (“EPA”) and City of Dallas, Oregon entered into a July 25th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Air Act. See DOCKET NO....more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Akin Gump Strauss Hauer & Feld LLP

EPA Officially Proposes Revocation of Endangerment Finding

The Environmental Protection Agency (EPA) recently published its heavily anticipated proposal to revoke its 2009 determination under section 202(a) of the Clean Air Act (CAA) that greenhouse gases (GHG) "cause, or contribute...more

Akin Gump Strauss Hauer & Feld LLP

Global Warning: ICJ Declares Climate Obligation

On July 23, 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion, holding that nation-states have obligations under international law to mitigate greenhouse gas (GHG) emissions, adapt to the...more

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

Biomass Processed to Make Biochar Product: U.S. Environmental Protection Agency Interpretive Letter

The United States Environmental Protection Agency (“EPA”) addressed in a June 23rd Interpretive Letter a request for a non-waste determination under the non-hazardous secondary material (“NHSM”) rule in 40 CFR part 241....more

Jackson Walker

EPA Proposes Rollback of Climate and Power Plant Regulations

Jackson Walker on

The Environmental Protection Agency (EPA) has launched a regulatory rollback campaign implementing President Trump’s energy and deregulatory agenda. These proposed actions represent a fundamental shift toward policies...more

Nelson Mullins Riley & Scarborough LLP

FTC Closes Antitrust Investigation Into Pact Between Truck OEMs and California Regulators

On August 12, 2025, the Federal Trade Commission (FTC) announced it had closed its investigation into possible antitrust violations by four truck manufacturers and their trade association by entering into the Clean Truck...more

Cozen O'Connor

The State AG Report – 08.14.2025

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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: • FTC and Match Strike $14M Deal over Alleged Deceptive...more

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

Clark Hill PLC

EPA proposes to rescind greenhouse gas endangerment finding

Clark Hill PLC on

On Aug. 1, the U.S. Environmental Protection Agency (“EPA”) published a proposed rule in which it proposes to rescind the 2009 Endangerment Finding and repeal all greenhouse gas (“GHG”) emission standards that have been...more

Cozen O'Connor

AGs Clash over EPA Rollbacks, Net-Zero Standards

Cozen O'Connor on

Illinois AG Kwame Raoul co-led a coalition of 17 Democratic AGs, the city of Chicago, New York City, and the California Air Resources Board, in filing comments opposing the EPA’s proposal to repeal the 2024 Mercury and Air...more

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

Pipeline and Hazardous Materials Safety Administration Stakeholder Feedback Solicitation/Elimination of Regulatory Burdens: Energy...

The Energy Marketers Association of America (formerly PMAA, “EMA”) submitted July 29th comments to the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) in response to its stakeholder feedback solicitation on...more

Jones Day

New EPA Positions Reflected in Sweeping Rollback of Greenhouse Gas Regulation

Jones Day on

The Environmental Protection Agency ("EPA") proposed a rule that would rescind the 2009 Endangerment Finding, citing a new interpretation of the relevant section in the Clean Air Act ("CAA"), a lack of clear congressional...more

Holland & Knight LLP

Up in the Air: EPA Opens Comment on Repealing Endangerment Finding, Motor Vehicle GHG Rules

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on Aug. 1, 2025, published a proposal to repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines from model year 2012...more

Allen Matkins

White House Aims To Accelerate Environmental Permitting For Data Centers

Allen Matkins on

On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more

Brownstein Hyatt Farber Schreck

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This...more

ArentFox Schiff

EPA Proposes Repeal of 2009 Endangerment Finding Impacting Greenhouse Gas Regulations

ArentFox Schiff on

On July 29, the US Environmental Protection Agency (EPA) announced a proposal to rescind its 2009 Endangerment Finding....more

Beveridge & Diamond PC

EPA Proposes to Rescind Greenhouse Gas Endangerment Finding and Associated Motor Vehicle and Engine Emission Standards

Key Takeaways - What Happened? On July 29, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule to rescind the 2009 Greenhouse Gas (GHG) Endangerment Finding (“Endangerment and Cause or Contribute...more

Williams Mullen

Everything Old is New Again: Actual Emissions are No Longer Enforceable Under NSR Permitting

Williams Mullen on

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

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

Williams Mullen on

EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

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