Recent Posts

BP Alaska to Pay $25 Million Penalty for Alaskan North Slope Oil Spill
Posted on 4 May 2011 by LexisNexis Environmental Law Community Staff

WASHINGTON – The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice and the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) have announced that BP Exploration Alaska... Read More

Marten Law Launches San Francisco Office
Posted on 27 Oct 2011 by LexisNexis Environmental Law Community Staff

Former Orrick Environmental Partner to Anchor Firm's Expansion to California Robert Lawrence , former chair of Orrick's environmental transactions group, will anchor Marten Law's new San Francisco office - making it one of the largest... Read More

U.S. EPA Considering Limiting Self-Disclosure Incentives
Posted on 16 Mar 2012 by Steven M. Siros

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... Read More

Five Agricultural Legal Issues to Watch in 2014
Posted on 30 Jan 2014 by Todd Janzen

What will be the hot topics in ag law for 2014? Here are some predictions for the coming year: 1. Clean Air Act Targets Farmers . Congress passed the Clean Air Act in 1970 to clean up the nation’s air. The low hanging fruit of air pollution—power... Read More

Obama Administration Finalizes Historic 54.5 mpg Fuel Efficiency Standards
Posted on 1 Sep 2012 by LexisNexis Environmental Law Community Staff

Consumer Savings Comparable to Lowering Price of Gasoline by $1 Per Gallon by 2025 WASHINGTON, DC - The Obama Administration has finalized groundbreaking standards that will increase fuel economy to the equivalent of 54.5 mpg for cars and light-duty... Read More

Supreme Court Reinstates Cross-State Air Pollution Rule
Posted on 28 May 2014 by McNees Wallace & Nurick LLC

On April 29, 2014, in a decision that may impact electric prices and service reliability for McNees clients in the region, the United States Supreme Court, [ enhanced version available to lexis.com subscribers ], reinstated EPA’s Cross-State Air... Read More

Clean Power Plan Proposal Includes Incentives For States To Focus On Controversial Nuclear Energy
Posted on 12 Aug 2014 by Columbia Law - Sabin Center for Climate Change Law

There has been a lot of discussion and press around the EPA’s new Clean Power Plan , which is intended to reduce CO2 emissions from existing power plants by 30% from 2005 levels by 2030. The EPA proposed this plan on June 2nd under its Clean Air... Read More

Compliance With the Clean Air Act May Not Be Enough
Posted on 18 Sep 2013 by Babst Calland

A recent Third Circuit decision indicates that compliance with the requirements of the Clean Air Act (CAA) may not be sufficient to protect an owner or operator from state common law tort claims. In Bell v. Cheswick Generating Station (Aug. 20, 2013)... Read More

Today's Supreme Court Decision in AEP v. Connecticut
Posted on 20 Jun 2011 by Michael B Gerrard

Here is my instant analysis of the decision just issued by the Supreme Court in American Electric Power v. Connecticut , the case in which several states and others sought a court order requiring several large electric utilities to reduce their greenhouse... Read More

EPA Proposes First Carbon Emissions Limits for Power Plants
Posted on 11 Jun 2014 by Cadwalader, Wickersham & Taft LLP

On June 2, 2014, the U.S. Environmental Protection Agency announced its Clean Power Plan, which would impose the first federal limits on carbon-dioxide (CO 2 ) emissions from power plants in the United States.[1] The proposed rules, which the EPA published... Read More

Keller and Heckman LLP Environmental Business Alert: Fifth Circuit Upholds Texas Clean Air Act Flexible Permit Program
Posted on 7 Sep 2012 by Keller and Heckman LLP

Fifth Circuit Upholds Texas Clean Air Act Flexible Permit Program On August 13, 2012, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) issued its opinion upholding the Texas Flexible Permit Program. For now, the decision in Texas v. U... 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