LexisNexis® Legal Newsroom
Let a thousand lawsuits bloom: The CAA is this week's favorite target

As noted in prior posts, EPA has proposed national standards for mercury and other toxic pollutant emissions from power plants. See http://www.epa.gov/airquality/powerplanttoxics/ . Now Guam and 25 states have filed a challenge to the regulations. The EPA is under court order to finalize the so-called...

Effects of New NOx RACT Rules

By Marc Karell, P.E., CEM, Principal, Climate Change & Environmental Services, LLC Virtually all states that have nonattainment areas for ozone have passed a rule called nitrogen oxide (NO x ) Reasonably Achievable Control Technology (RACT). NO x is a precursor for ground-level ozone formation...

Air pollution may be causing mega-cyclones striking India & the Middle East

It is well known that warm sea-surface temperatures can boost the intensity of hurricanes (known in the Indian Ocean as cyclones). For many decades water in the Arabian Sea has been warm, which should enhance the strength of cyclones. However, regional winds in the upper and lower atmosphere tend to...

DOE Reports That EPA’s New Air Pollution Rules Will Not Hinder Electricity Reliability

By Allison Torrence, Associate, Jenner & Block The United States Department of Energy ("DOE") has issued a report titled "Resource Adequacy Implications of Forthcoming EPA Air Quality Regulations." The DOE report evaluates two United States Environmental Protection Agency...

D.C. Court of Appeals Grants Stay of Cross-State Air Pollution Rule

By Allison Torrence, Associate, Jenner & Block On December 30, 2011, the United States Court of Appeals for the District of Columbia Circuit granted several parties' motions to stay in the federal case challenging the United States Environmental Protection Agency's Cross-State Air Pollution...

Wood stoves help to reduce cases of severe pneumonia in young children in LDC's

Pneumonia in children, although rare in the U.S., kills more children worldwide than any other disease (estimated to be 1.6 million deaths per year). [Prior posts have noted, though, the adverse impact of various air pollutants on urban children.] Researchers hypothecated that open fires used for heating...

Environmental Initiatives and the Role of the Green Technology Pilot Program

By Sarah M. Wong, Marquette University Law School The United States has entered a heightened state of environmental awareness. America's history of industrialization and consumerism in the early 1900s resulted in the realization that an increasing rate of industrial growth wrought a devastating...

EPA Releases Final Health Assessment for Tetrachloroethylene (aka Perc)

EPA has posted its final health assessment for tetrachloroethylene (aka perc) to its Integrated Risk Information System (IRIS). Perc is widely used in the dry cleaning industry, although states such as California are requiring that it be phased out. See http://epa.gov/oppt/existingchemicals/pubs/perchloroethylene_fact_sheet...

Marten Law: Challenges to EPA's Controversial Cross-State Air Pollution Rule Move Forward

By Dustin Till In this Emerging Issues Analysis, Dustin Till reviews the EPA's attempt to regulate emissions from power plants in "upwind" states based upon allegations that air quality in "downwind" states is affected. The EPA's controversial Cross-State Air Pollution Rule...

U.S. EPA Considering Limiting Self-Disclosure Incentives

By Steven M. Siros, Partner, Jenner & Block Under U.S. EPA's current audit policy, companies that self-disclose environmental violations may be entitled to the elimination or reduction of penalties for non-compliance. However, U.S. EPA recently announced that it is considering limiting the...

State Net Capitol Journal Legislative Updates: Illinois Governor Vetoes Plastic Bag Recycling

ENVIRONMENT: ILLINOIS Gov. Pat Quinn (D) vetoes SB 3442, which would have required plastic bag manufacturers to set up collection and recycling programs and barred local municipalities from establishing their own plans (QUAD-CITY TIMES). • The U. S. Court of Appeals for the District of Columbia...

Federal Appeals Court Strikes Down Cross-State Air Pollution Rule

By Allison Torrence, Associate, Jenner & Block On Tuesday, August 21, 2012, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule (the "Transport Rule"). In a 2-1 decision, written by Judge Kavanaugh...

Jenner & Block: EPA Faces Suits Over State Haze Plans As It Awaits Decision On Petition For Rehearing On Cross-State Air Pollution Ruling

By Allison Torrence, Associate, Jenner & Block As discussed previously in this blog, Federal Appeals Court Strikes Down Cross-State Air Pollution Rule , the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule...

Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards

The Ohio Supreme Court has ruled that a reference method stack test showing that an air contaminant source is exceeding emission standards creates a rebuttable presumption that the source is in continuing noncompliance with emission standards, State, ex rel. Ohio Attorney General v. Shelly Holding Co...

Court Denies Rehearing of Decision Overturning CSAPR

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate transport of pollutants emitted by electric generating...

Can addressing air pollution decrease global warming? You betcha

Prior posts have noted the adverse health impacts from small particles, often referred to generally as PM10 and/or PM2.5. Prior posts have also noted the adverse impact of soot on global warming, which because it is black and absorbs heat warms up the atmosphere and whatever it is coating (e.g., glaciers...

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants

On September 20, 2013, U.S. EPA rescinded its first attempt and proposed new rules to establish New Source Performance Standards (NSPS), i.e. , national emission limits, for carbon dioxide (CO 2 ) emitted from new electric power plants. EPA's proposed approach is to set different limits, and different...

Utah Gov. Herbert Names 'Action Team' To Fight Dirty Air

HERBERT NAMES 'ACTION TEAM' TO FIGHT DIRTY AIR: Utah Gov. Gary Herbert (R) announced the creation last week of a new working group tasked with devising solutions to the Beehive State's persistent air pollution problems. The 38-member panel, dubbed the Clean Air Action Team, will have until...

Does Preemption Prevent Redress For Homeowners Impacted By Polluters' Air Emissions?

On April 23, 2012, residents of rural Muscatine, Iowa filed a class action lawsuit titled, Laurie Freeman et al. v. Grain Processing Corporation (case no. LACV 021232), in the Iowa District Court for Muscatine County. The defendant, Grain Processing Corporation, is an Iowa manufacturer of corn syrup...

What Price For Clean Air? The EPA’s Golden Rule: No Good Neighbor Goes Unpunished

By Brian H. Potts Have you ever wondered what all those additional charges are on your electric bill? This month my bill lists a “Customer Charge,” a “2013 Fuel Adjustment” and a “State-Wide Low-Income Assistance Fee,” which add up to about $10, or $120 a year...

RACT Rulemaking Expected to Impact Major Sources of NOx and VOC Emissions in Pennsylvania

Proposed regulatory amendments published on April 19, 2014 are likely to affect hundreds of facilities in Pennsylvania. The Pennsylvania Department of Environmental Protection (PADEP) has estimated that 141 sources will need to install additional pollution control equipment under the proposal. In addition...

Clean Air Court Win For US Environmental Protection Agency

The US Environmental Protection Agency has won an important court victory that may help clean the air in Ontario. About half of the air pollution in southern Ontario blows in from the US, mostly from coal-fired power generation stations. The EPA has been trying, for many years, to force those stations...

Federal Government Proposes New Air Pollution Regulations

The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired...

Federal Court Rejects USEPA’s Attempt to Limit Summit Ruling to Sixth Circuit

The U.S. Court of Appeals for the District of Columbia Circuit has vacated a USEPA memorandum aimed at limiting the reach of S ummit Petroleum Corp. v. USEPA , (6th Cir. Aug 7, 2012), [ enhanced version available to lexis.com subscribers ], a case which condemned USEPA’s use of a functional interrelationship...

The D.C. Circuit Court Rejects EPA Guidance on Source Aggregation

The D.C. Circuit Court of Appeals, [ enhanced version available to lexis.com subscribers ], ruled upon a petition filed by an industry coalition which objected to the manner in which USEPA intended to implement the 6 th Circuit Court of Appeals ruling in Summit Petroleum Corp. v. EPA , [ enhanced version...