Recent Posts

Environmental Protection Agency Modifies Air Quality Standards for Ozone
Posted on 12 Oct 2015 by Troutman Sanders

On October 1, 2015 the United States Environmental Protection Agency (“EPA”) adopted a more stringent air quality standard for ground-level ozone emissions that reduces the national standard from 75 parts per billion (“ppb”) to... Read More

Federal Court Rejects USEPA’s Attempt to Limit Summit Ruling to Sixth Circuit
Posted on 17 Jul 2014 by Babst Calland

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... Read More

What Does Regulation of Greenhouse Gas Emissions as Described by EPA in the “Tailoring Rule” Have to Do With the Clean Air Act?
Posted on 27 Aug 2014 by Steptoe & Johnson PLLC

UARG v. EPA (Tailoring Rule Litigation) This summer, Justice Scalia delivered the opinion of the U.S. Supreme Court [lexis.com subscribers may access Supreme Court briefs and the opinion for this case] on the question of whether EPA motor vehicle... Read More

U.S. EPA Proposes Revisions to Clean Air Act Regulations Impacting the Oil and Gas Industry
Posted on 30 Aug 2011 by Babst Calland

On August 23rd, the United States Environmental Protection Agency (EPA) published a package of proposed rules governing air emissions from the oil and natural gas industry, which includes the EPA's first air standards targeting emissions from gas... Read More

Supreme Court Rejects Premise For GHG Tailoring Rule, But Largely Maintains EPA’s Authority To Set GHG Emission Limits
Posted on 6 Aug 2014 by DLA Piper

By Deborah E. Jennings , Catherine B. Campbell , and Andrew B. Schatz In a split decision, the United States Supreme Court confirmed the Environmental Protection Agency’s authority to regulate greenhouse gas (GHG) emissions from new and modified... Read More

Federal Appellate Court Rules That The Clean Air Act Does Not Preempt State Common Law Claims
Posted on 10 Sep 2013 by Allison Torrence

On August, 20, 2013, the U.S. Court of Appeals for the Third Circuit issued a ruling reversing dismissal of common law claims brought by a group of residents who live near a coal-fired power plant in Springdale, Pennsylvania. Bell v. Cheswick Generating... Read More

Steptoe & Johnson: Uncertainty in Appalachia Created By U.S. EPA Air Quality Permitting Memorandum
Posted on 5 Feb 2013 by Steptoe & Johnson PLLC

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of... Read More

The D.C. Circuit Court Rejects EPA Guidance on Source Aggregation
Posted on 23 Jul 2014 by Steptoe & Johnson PLLC

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... Read More

RGGI Outlines Its 111(d) Vision to EPA
Posted on 28 Jan 2014 by Columbia Law - Sabin Center for Climate Change Law

by Shelley Welton, Deputy Director On December 2 nd , commissioners, secretaries and directors of environmental and energy agencies from states within the Regional Greenhouse Gas Initiative (RGGI) filed comments to EPA on the agency’s forthcoming... Read More

Jenner & Block: Another Federal Circuit Adopts Five-Year Limit On NSR Enforcement Actions
Posted on 29 Aug 2013 by Steven M. Siros

The U.S. Court of Appeals for the Third Circuit recently joined the Seventh, Eighth, and Eleventh Circuits in finding that U.S. EPA is required to bring New Source Review (NSR) enforcement proceedings within five years of the alleged violation. On August... Read More

What Price For Clean Air? The EPA’s Golden Rule: No Good Neighbor Goes Unpunished
Posted on 21 Apr 2014 by Foley & Lardner LLP

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... Read More

Significant Upwind Impact: The Supreme Court Upholds Cross-State Air Pollution Rule
Posted on 10 Jun 2014 by Cadwalader, Wickersham & Taft LLP

On Tuesday, April 29, 2014, the U.S. Supreme Court upheld the U.S. Environmental Protection Agency’s (“ EPA ”) Cross-State Air Pollution Rule (“ CSAPR ”). EPA v. EME Homer City Generation, L.P., No. 12-1182, [ enhanced version... Read More

Marten Law on American Electric Power Co. v. Connecticut--U.S. Supreme Court Rejects Climate Change Nuisance Claims
Posted on 28 Jun 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "In an 8-0 opinion, the U.S. Supreme Court held on June 20 in American Electric Power Co. v. Connecticut (AEP) that federal courts do not have jurisdiction to hear federal common law nuisance claims relating... Read More

Clean Air Court Win For US Environmental Protection Agency
Posted on 8 May 2014 by Dianne Saxe

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... Read More

Let a thousand lawsuits bloom: The CAA is this week's favorite target
Posted on 12 Oct 2011 by Thomas H. Clarke, Jr.

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... Read More