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By Jeryl L. Olson and Craig B. Simonsen

In a letter this week to Administrator Gina McCarthy, the Partnership for a Better Energy Future, a coalition of business organizations provides initial feedback to the U.S. Environmental Protection Agency on its proposed carbon emissions regulations for existing electric generating units.

The National Association of Manufacturers serves as co-chair of the…
Continue Reading Energy Industry Group Notifies EPA Proposed Rules for Existing Electric Generating Units Fail to Make the Grade

By Patrick D. Joyce

The U.S. Environmental Protection Agency (EPA) today released a proposed rule that would update air standards for new municipal solid waste  landfills (landfills). 79 Fed. Reg. 41796 (July 17, 2014).

The Whitehouse had, earlier this year, issued an update to President Obama’s Climate Action Plan “Strategy to Reduce Methane Emissions.” The update specified that in the…
Continue Reading EPA Proposes Updated Methane Limits for New Municipal Landfills and Requests Comment on Whether and How to Update Emissions Guidelines for Existing Landfills

By Craig B. Simonsen

Janet McCabe, Acting Assistant Administrator, U.S. Environmental Protection Agency, discussed yesterday’s Supreme Court opinion, and other topics, while speaking before the Air and Waste Management’s Association’s Annual Conference today.

The Supreme Court

The Supreme Court yesterday ruled, in-part, that “EPA lacked authority to ‘tailor’ the Clean Air Act’s unambiguous numerical thresholds of 100 or 250…
Continue Reading McCabe Addresses Supreme Court Decision and Other Topics – EPA is “Very Pleased”

By Patrick D. Joyce

As we indicated in our blog last week, on Monday, the U.S. Environmental Protection Agency (EPA) released a proposed rule, known as the “Clean Power Plan,” to drastically cut carbon dioxide emissions from existing power plants across the United States by the year 2030. 79 Fed. Reg. 34830 (June 18, 2014).

In a video on…
Continue Reading EPA “Clean Power Plan” to Drastically Cut Carbon Dioxide Emissions from Existing Power Plants

By Andrew H. Perellis and Craig B. Simonsen

EPA Administrator Gina McCarthy has just signed a proposed rule to update the New Source Performance Standards (NSPS) for petroleum refineries to “protect neighborhoods located near refineries.”

According to the Administrator, “this proposal will help us accomplish our goal of making a visible difference in the health and the environment of communities…
Continue Reading EPA Proposes Major Changes for Petroleum Refinery Facilities Air Pollution Standards

By Patrick D. Joyce

This week Earthjustice, the Sierra Club, the Natural Resources Defense Council and 61 others filed a petition with the U.S. Environmental Protection Agency urging the Agency to list oil and gas wells using hydraulic fracturing (fracking) near urban areas as “area sources” under the Clean Air Act.

The petition comes days after EPA Administrator Gina McCarthy…
Continue Reading Environmental Groups Urge EPA to Limit Air Pollution from Fracking Activities Near Urban Areas

By Patrick D. Joyce

The United States Supreme Court today ruled that the U.S. Environmental Protection Agency’s  (EPA) regulation of air pollution crossing state borders did not violate the Clean Air Act. Environmental Protection Agency. et al. v. EME Homer City Generation, L. P., et al., __ U.S. __ (April 29, 2014).

The High Court’s decision overturns an August…
Continue Reading Supreme Court Opinion May Compel Power Producers to Install New Control Measures or Force the Closing of Older Coal-Fired Plants

By Jeryl L. Olson and Craig B. Simonsen

The U.S. Environmental Protection Agency (EPA) today proposed to amend the recordkeeping and reporting requirements of the Greenhouse Gas (GHG) reporting rule, for certain categories of reporters. 78 Fed. Reg. 55994 (September 11, 2013). The amendment is necessary to address issues surrounding use of confidential business information (CBI) as data inputs in…
Continue Reading EPA Proposes Greenhouse Gas Rule For Emissions Data Recordkeeping and Reporting Requirements

By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen

The Third Circuit concludes that the U. S. Environmental Protection Agency may not force former facility owners to obtain missing preconstruction permits or to install missing pollution controls on a plant that they no longer own or operate — as it did not cry foul until more…
Continue Reading Third Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a Preconstruction Permit is Not a Continuing Violation of the Clean Air Act

By Andrew H. Perellis and Craig B. Simonsen

The Third Circuit Court of Appeals yesterday resuscitated a proposed class action alleging the release of toxic emissions from a coal-fired power plant, finding that the Clean Air Act does not preempt certain state law claims brought by property owners. Bell, et al., v. Cheswick Generating Station, No. 12-4216 (3rd Cir.
Continue Reading Third Circuit Holds That Clean Air Act Does Not Preempt State Tort Claims