On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more
An article by Foley & Lardner Partner Vanessa Miller that provides a guide to force majeure provisions was published in mdm Distribution Intelligence. To address potential risks to national security, the U.S. Commerce...more
In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for malfunctions associated with violations of New Source Performance Standards (NSPS) and National Emission...more
The Waste-to-Energy Association (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more
The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more
Allegations of environmental concerns related to ethylene oxide (EtO) were initially limited to Sterigenics’ commercial sterilizer in Willowbrook, Illinois, then it expanded to other commercial sterilizers in Illinois and...more
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
The National Rural Electric Cooperative Association (“NRECA”) submitted June 23rd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for...more
As part of its push to transition the American automotive industry to electric vehicles (EVs), the Biden-Harris administration has proposed two new vehicle pollution standards. The first rule targets greenhouse emissions from...more
On April 12, 2023, the Environmental Protection Agency (EPA) issued the notice of proposed rulemaking for “Multi-Pollutant Emission Standards for Model Years 2027 and Later Light-Duty and Medium-Duty Vehicles” (the “proposed...more
After years of delays – largely due to the COVID-19 pandemic – on April 11, 2023, the U.S. Environmental Protection Agency finally issued two proposals that would reduce ethylene oxide (EtO) emissions affecting fence-line...more
As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal...more
EPA is proposing revisions to the new source review (“NSR”) permit program (“2022 Proposed Fugitive Emissions Rule”) under the federal Clean Air Act (“CAA”), which will codify the requirement that modifications account for...more
The United States Environmental Protection Agency (“EPA”) is proposing revisions to the Clean Air Act’s New Source Review (“NSR”) permitting regulations. The proposed rule would require that owners and operators of...more
The Northeast States for Coordinated Air Use Management (“NESCAUM”) submitted August 9th comments to the United States Environmental Protection Agency (“EPA”) addressing: National Emission Standards for Hazardous Air...more
Following its final rule for light-duty vehicles issued at the end of 2021, this past spring, the U.S. Environmental Protection Agency (“U.S. EPA”) proposed new emission standards for heavy-duty highway vehicles and engines. ...more
The United States Environmental Protection Agency (“EPA”) published a September 4th Federal Register Notice proposing the results of a Residual Risk and Technology Review (“RTR”) of the Clean Air Act National Emission...more
Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more
Last year, we reported on EPA’s decision to allow the expiration of a moratorium on the 2016 Obama Climate Action Plan rule and guidelines seeking to reduce landfill methane emissions (“Methane Rule and Guidelines”)....more
Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more
California Air Resources Board (CARB) Proposes Amendments to its Cap-and-Trade Program - On September 4, 2018, CARB proposed amendments to its greenhouse gas (“GHG”) cap-and-trade program to implement the changes required...more
A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more