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...

Jenner & Block: New Report Concludes No Material GHG Emissions From Keystone XL Pipeline

In the recent debate surrounding the pending Keystone XL pipeline decision, new questions have been raised about the pipeline's potential impact on greenhouse gas (GHG) emissions. President Barack Obama has indicated that the relative emissions related to increased Canadian oil sands processing in...

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...

Supreme Court Affirms In Part, Reverses In Part Clean Air Act Ruling

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today reversed in part and affirmed in part a District of Columbia Circuit U.S. Court of Appeals ruling as to whether the U.S. Environmental Protection Agency could require companies emitting greenhouse gases (GHGs) to obtain permits for...

EPA Appears to Have Green Light to Develop Regulations on Utility Power Plant Greenhouse Gas Emissions

Efforts by the U.S. Environmental Protection Agency (EPA) to regulate greenhouse gas emissions just cleared a significant hurdle through a recent U.S. Supreme Court decision, which appears to give the agency a green light to move forward with its development of a regulatory regime concerning utility...

Ohio’s Fugitive Emissions Regulations

By Zahava Bennett and Eli Humphries Many energy prospectors, including the T. Boone Pickens, have viewed natural gas as a bridge fuel leading to a more sustainable future. Although natural gas burns cleaner than other fossil fuels, there is concern that a valuable resource is being wasted and additional...