Recent Posts

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

Federal Government Proposes New Air Pollution Regulations
Posted on 25 Jun 2014 by Dianne Saxe

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... Read More

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants
Posted on 23 Aug 2011 by Dustin T Till

By Dustin Till, Associate, Marten Law Group PLLC "The Environmental Protection Agency (EPA) has published a new rule, Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals, 76... Read More

DOE Reports That EPA’s New Air Pollution Rules Will Not Hinder Electricity Reliability
Posted on 5 Jan 2012 by Allison Torrence

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... 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

Utah Gov. Herbert Names 'Action Team' To Fight Dirty Air
Posted on 21 Oct 2013 by State Net

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... Read More

Federal Appeals Court Strikes Down Cross-State Air Pollution Rule
Posted on 30 Oct 2012 by Allison Torrence

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"... Read More

Babst Calland: Ohio Supreme Court Rules That a Failed Stack Test Creates a Rebuttable Presumption of Continuing Noncompliance With Air Pollution Emission Standards
Posted on 10 Jan 2013 by Babst Calland

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,... Read More

Court Denies Rehearing of Decision Overturning CSAPR
Posted on 19 Feb 2013 by Troutman Sanders

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... 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

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

EPA Proposes New and Differing Carbon Emission Limits for Future Natural Gas-Fired and Coal-Fired Power Plants
Posted on 1 Oct 2013 by Gabrielle Sigel

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... Read More

RACT Rulemaking Expected to Impact Major Sources of NOx and VOC Emissions in Pennsylvania
Posted on 22 Apr 2014 by Babst Calland

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... Read More

D.C. Court of Appeals Grants Stay of Cross-State Air Pollution Rule
Posted on 10 Jan 2012 by Allison Torrence

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... Read More