Tag: Clean Air Act

Trump EPA Will Not Stay Landfill Methane Rules

In early January 2018, the U.S. Environmental Protection Agency (“EPA”) decided to halt previous proposals to stay methane rules for new and existing landfills.  The Obama Administration’s EPA issued the final New Source Performance Standards (“NSPS”) and Emissions Guidelines (“EG”) for municipal solid waste landfills on August 29, 2016 (jointly “Methane Rules”).  These updates to … Continue Reading

California to Thwart Trump’s Rollback of Federal Environmental Protections, Including Waters of US Deregulation

Newton’s Third Law apparently not only applies in physics, but in politics as well.  Last week, the California Senate leadership unveiled the “Preserve California” legislative package to oppose the rollback of federal environmental protections by President Trump and the GOP-controlled U.S. Congress.  The package included California State Senate Bill 49, aka the “California Environmental Defense … Continue Reading

U.S. Supreme Court Curtails EPA’s Power to Regulate Greenhouse Gases under Clean Air Act

This morning, the U.S. Supreme Court issued a surprising decision in Utility Air Regulatory Group v. Environmental Protection Agency on the U.S. Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases under the Clean Air Act (CAA).  The Supreme Court has held that EPA cannot regulate stationary sources under the CAA Prevention of Significant Deterioration (PSD) … Continue Reading

D.C. Circuit Upholds EPA Greenhouse Gas Rules

Yesterday, the D.C. Circuit Court of Appeals issued a decision in Coalition for Responsible Regulation v. EPA, upholding the U.S. Environmental Protection Agency’s approach to the regulation of greenhouse gas (GHG) emissions against claims from a variety of interests.  The opinion addressed challenges to three EPA rulemakings:  (1) the agency’s “Endangerment Finding,” where it determined … Continue Reading

Oil & Gas Industry Law Alert: U.S. EPA Continues Refinery Enforcement, Focuses on Flares

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice recently announced the latest proposed settlement in EPA’s Clean Air Act enforcement initiative against petroleum refiners. Hess Corporation will pay an $850,000 civil penalty and spend more than $45 million on new pollution controls at its Port Reading, New Jersey refinery to resolve alleged … Continue Reading

Supreme Court Dismisses Commom Law Nuisance Suit

Supreme Court dismisses federal common law nuisance GHG suits against power producers because of federal Clean Air Act preemption, does not rule on state preemption issues. The case also dealt with issues of standing and agency primacy.  See http://www.lawofrenewableenergy.com/ for the full details.… Continue Reading
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