One hundred environmental organizations transmitted an April 21st letter to the United States Environmental Protection Agency (“EPA”) Administrator asking that the federal agency: …maintain and promptly implement a vital,...more
In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to...more
Effective May 2024, EPA tightened the annual health-based National Ambient Air Quality Standard (NAAQS) for fine particulate matter (PM2.5) from 12.0 µg/m3 to 9.0 µg/m3. This change was made after a review of the available...more
Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more
Every law student learns that the Administrative Procedure Act (APA) outlines the default rules for how federal agencies propose and finalize regulations and how courts review them. But for many significant actions under the...more
U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more
Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more
EPA recently redesignated the Northern Wasatch Front and the Uinta Basin ozone nonattainment areas based on data demonstrating that the areas failed to meet the 2015 ozone National Ambient Air Quality Standard (NAAQS) by...more
The American Lung Association (“ALA”) issued on October 29th a report titled: Something in the Air Bridging the Air Quality Data Gap with Satellite Technology (“Report”). The Report reviews the use of...more
The Commonwealth of Kentucky, Energy and Environment Cabinet and Louisville Metro Air and Pollution Control District (collectively, “Kentucky”) filed a Complaint in the United States District Court for the Western District of...more
The United States Environmental Protection Agency (“EPA”) and the Center for Biological Diversity (“CBD”) entered into an October 28th Consent Decree addressing an issue arising out of Section 108 and 109 of the Clean Air Act...more
The Environmental Protection Agency’s implementation of the 2015 National Ambient Air Quality Standards “Good Neighbor Plan” (GNP) was met with a fury of legal challenges (see ELM’s previous coverage of EPA’s GNP here)....more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on July 1st to the United States Environmental Protection Agency (“EPA”) a document titled: Arkansas Ambient Air...more
The Clean Air Act (“CAA”) envisions states and the federal government working together to improve air quality. Under the CAA, states must develop State Implementation Plans (“SIPs”) to implement National Ambient Air Quality...more
Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more
The US Supreme Court issued on June 27, 2024 an opinion in Ohio v. EPA staying enforcement of the US Environmental Protection Agency’s (EPA’s) Federal Implementation Plan (FIP). The FIP sought to impose more stringent...more
In a 5-4 opinion on Thursday, the U.S. Supreme Court temporarily stayed the enforcement of the Environmental Protection Agency’s “Good Neighbor Plan” under the Clean Air Act. Under the Good Neighbor rule, the EPA required...more
Co-Author Jordan Wimpy The United States Supreme Court issued on June 27th a stay on the Ozone Federal Implementation Plan (i.e, Good Neighbor Rule) while the District of Columbia Circuit Court of Appeals hears and decides...more
The United States House of Representatives passed by partisan vote legislation denominated H.R. 7650 that would amend the Clean Air Act titled: “Air Quality Standards Implementation Act of 2024” (“Act”). The Act...more
The Chairman of the United States House of Representatives Committee on Small Business (“Committee”) sent a February 14th letter to United States Environmental Protection Agency (“EPA”) Administrator Michael S. Reagan...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more
On March 6, 2024, EPA published its final rule lowering the primary annual National Ambient Air Quality Standards (“NAAQS”) for fine particulate matter (“PM2.5”) to 9.0 micrograms per cubic meter (“µg/m3”). The new, more...more
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more
On March 6, 2024, the United States Environmental Protection Agency (EPA) published in the Federal Register its long-awaited reconsideration of the National Ambient Air Quality Standard (NAAQS) for particulate matter (PM). In...more