By Jeryl L. Olson and Craig B. Simonsen

Seyfarth Synopsis: The EPA has posted an interesting flyer on “Our Nation’s Air,” the Status and Trends Through 2018.

According to the EPA Administrator Andrew Wheeler, “one of America’s great but untold environmental success stories is that we have made – and continue to make – great improvements in our air
Continue Reading U.S. EPA Indicates that Air Pollution Trends Show Cleaner Air, Growing Economy

By Jeryl L. OlsonKay R. Bonza, and Craig B. Simonsen

Seyfarth Synopsis: In another example of business-friendly regulatory agency actions, the U.S. Environmental Protection Agency has just rescinded the “Seitz Memo” associated with the “Once In, Always In” policy affecting the classification of certain major sources of hazardous air pollutants under section 112 of the Clean
Continue Reading EPA Withdraws “Once In Always In” Policy for Major HAP Sources

By Robert S. Winner, Andrew L. Berg, and Ashley M. Hymel

Energy sources conseptSeyfarth Synopsis: In this edition of Seyfarth Shaw’s Energy Insights Newsletter, our Energy and Clean Technologies team covers important developments in Q1 2016 for the energy industry including 1) the fate of the Clean Power Plan and potential impact on U.S. compliance with the Paris Agreement,
Continue Reading Energy Insights: An Update from the First Quarter of 2016

By Brent I. Clark, James L. Curtis, and Craig B. Simonsen

Safety at workThe U.S. Department of Justice (DOJ) and the Department of Labor (DOL) announced last week an expansion of its worker endangerment initiative to address worker safety violations through the use of enhanced criminal fines and penalties.

According to Deputy Attorney General Sally Quillian Yates, “on an average
Continue Reading Enhanced Criminal Prosecutions of Worker Safety Violations – Employers Beware

By Andrew H. Perellis and Patrick D. Joyce

Supreme CourtIn a 5-4 ruling, the U.S. Supreme Court today ruled that the EPA acted unreasonably when it refused to consider the cost of implementing its Mercury and Air Toxics Standard (MATS).

The MATS rule, issued in 2012, established emissions limits from power plants for mercury, filterable particulate matter, and hydrogen chloride. 

Continue Reading Supreme Court: EPA Must Consider Cost Of Implementing Regulations

By Jeryl L. Olson, Meagan Newman and Craig B. Simonsen

112rEnforcementThe U.S. Environmental Protection Agency has just released an Enforcement Alert on accidental releases of chemicals, including anhydrous ammonia at refrigeration facilities, under the Clean Air Act’s (CAA) Chemical Accident Prevention Program.

This Enforcement Alert comes in seeming coordination with the EPA’s recent news release about several anhydrous
Continue Reading EPA Enforcement Alert that Refrigeration Facilities are Under Scrutiny

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

By Andrew H. Perellis and Jeryl L. Olson

How much change can occur without a permit is a contentious and difficult question.

A Clean Air Act major source undergoing construction or modification needs to obtain a construction permit under 42 U.S.C. §7475(a) that would then obligate it to install best available control technology (BACT). However, mere repairs to an existing
Continue Reading USA v. Midwest Generation — Seventh Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a PSD Construction Permit is Not a Continuing Violation of the Clean Air Act

By Jeryl L. Olson, Eric E. Boyd, and Craig B. Simonsen

The U.S. Environmental Protection Agency (EPA) has, in an impressive almost 800 page publication, finalized its fine particulate matter rule to strengthen the National Ambient Air Quality Standard (NAAQS) for fine particles (PM2.5) to 12.0 micrograms per cubic meter (µg/m3). 78 Fed. Reg. 3086 (January 15, 2013). The

Continue Reading EPA Publishes Massive Final Rule on Particulate Matter