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EPA Sets Thresholds for Greenhouse Gas Permitting Requirements - Small businesses and farms will be shielded

WASHINGTON - The U.S. Environmental Protection Agency (EPA) announced yesterday a final rule to address greenhouse gas (GHG) emissions from the largest stationary sources, while shielding millions of small sources of GHGs from Clean Air Act permitting requirements. The phased-in, common-sense approach...

Marten Law on National Parks Conservation Ass'n v. TVA: Federal District Court Ruling May Undercut Enforcement and Citizen Suit Challenges Aimed at Coal-Fired Power Plants

By Dustin Till, Associate, Marten Law Group PLLC “The recent opinion in National Parks Conservation Association v. TVA took the frequently contested question of what constitutes ‘routine’ maintenance of coal-fired power plants in a new direction” writes Dustin Till. “That...

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...

EPA Proposes Rules on Clean Air Act Permitting for Greenhouse Gas Emissions

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is proposing two rules to ensure that businesses planning to build new, large facilities or make major expansions to existing ones will be able to obtain Clean Air Act permits that address their greenhouse gas (GHG) emissions. In the spring...

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...

Marten Law: EPA Proposes to Require Oregon, Idaho, Alaska and Ten Other States to Update Clean Air Act Permitting Programs to Address Greenhouse Gas Emissions

By Dustin Till, Associate, Marten Law Group PLLC “The Environmental Protection Agency is taking more steps to implement its greenhouse gas Tailoring Rule, which will restrict emissions from new and modified large stationary sources such as power plants and petroleum refineries beginning January...

U.S. High Court Agrees To Take Up Case Over Energy Companies' Emissions

WASHINGTON, D.C. -- (Mealey's) The nation's high court on Dec. 6 granted a petition for certiorari filed by five power companies seeking review of a Second Circuit U.S. Court of Appeals ruling reinstating two Clean Air Act (CAA) lawsuits brought by eight states seeking to limit the companies'...

New Report Highlights Potential For State Federal Cap and Trade Partnerships Under Clean Air Act §111

By Gregory E. Wannier, Deputy Director of the Center for Climate Change Law, Columbia Law School CCCL recently released a report detailing options for implementing potential cap and trade regimes through federal-state partnerships under Section 111 of the Clean Air Act (§111) . This report...

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...

Jenner & Block: Another Federal Circuit Adopts Five-Year Limit On NSR Enforcement Actions

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 21, 2013, in United States of America, et al....

Compliance With the Clean Air Act May Not Be Enough

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) [ enhanced version available to lexis.com subscribers...

EPA Proposes First Carbon Emissions Limits for Power Plants

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 pursuant to Section 111(d) of the Clean Air...

Environmental Protection Agency Modifies Air Quality Standards for Ozone

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 70 ppb. By promulgating a new ozone standard, EPA...