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Marten Law: EPA Proposes New Rules for Power Plant Emissions

By Dustin Till, Associate, Marten Law Group PLLC “A new rule proposed by the Environmental Protection Agency (EPA) would regulate emissions from coal-fired power plants in Eastern and Midwestern states. Known as the Transport Rule, EPA's proposed regulation replaces EPA's Clean Air...

Federal Government Urges Supreme Court Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

EPA Proposes First National Standard for Mercury Pollution from Power Plants

Mercury and air toxics standards represent one of strongest health protections from air pollution since passage of Clean Air Act WASHINGTON – In response to a court deadline, today the U.S. Environmental Protection Agency (EPA) proposed the first-ever national standards for mercury, arsenic and...

EPA proposes draft rules related to air emissions from hydrofacturing operations

EPA has released rule changes that will require oil and gas drillers that use hydraulic fracturing to use new or improved processes and equipment in an attempt to reduce the level of volatile organic compounds (VOC's) and other air pollutants emitted during the completion of new and modified hydraulically...

Marten Law: EPA Finalizes New Interstate Air Pollution Rule for Power Plants

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 FR 48208 , addressing the interstate transport of...

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...

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...

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...

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...