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

By Craig B. Simonsen

We had previously blogged about the U.S. Environmental Protection Agency’s  (EPA’s) Greenhouse Gas (GHG) “tailoring rules” for Prevention of Significant Deterioration (PSD) and Title V permitting, and about its GHG “Endangerment Finding“. Yesterday the D.C. Circuit Court of Appeals has ruled concerning both of these rulemakings. Coalition for Responsible Regulation, Et al.

Continue Reading DC Circuit Rules on EPA Tailoring Rules and “Endangerment Finding”

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

In a not unexpected final rule issued today by the U.S. Environmental Protection Agency (EPA) it has listed the “Chicago-Naperville, IL-IN-WI Nonattainment Area” as marginal nonattainment. 77 Fed. Reg. 34221 (June 11, 2012). The rulemaking promulgates the initial air quality designations for twelve counties in Illinois, Indiana, and Wisconsin

Continue Reading EPA Designates the Chicagoland Area as Marginal Nonattainment for Ozone

By Jeryl L. Olson and Eric E. Boyd

In anticipation of the impending hurricane season, the U.S. Environmental Protection Agency (EPA) recently issued a Hazardous Weather Release Prevention and Reporting Alert. The purpose of the Alert, according to the EPA Press Release, is to “increase awareness among facility operators about their obligation to operate facilities safely and report chemical

Continue Reading EPA Issues Reminder About Releases During Hazardous Weather Events

By Jeryl L. Olson, William R. Schubert, and Eric E. Boyd

The U. S. Environmental Protection Agency (EPA) issued a proposed rule that would reach a new milestone for environmental regulation in the United States: substantive limits on carbon dioxide (CO2) emissions at the source.  The rule would apply to new fossil fuel-burning electric utility generating units
Continue Reading EPA Proposes Carbon Dioxide Limits for New Power Plants

By Andrew H. Perellis and Ilana R. Morady

On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA).

The issue before the Court was whether two landowners could bring a

Continue Reading Sackett v. EPA: Supreme Court Decides Unanimously In Favor Of Landowners

By Jeryl L. Olson

On December 1, 2011 the Illinois Pollution Control Board adopted new rules which will allow for the registration of small sources in lieu of obtaining a construction or operating permit for such small sources in Illinois.  The new regulations adopted at 35 Il Adm. Code Section 201.175 will become effective shortly, and the Illinois Environmental Protection

Continue Reading New ROSS Registration Rules for Small Air Sources in Illinois

By Jeryl L. Olson and Craig B. Simonsen

In United States v. DTE Energy Company, Docket No. 10-13101 (E.D. MI, Aug. 23, 2011), Judge Bernard Friedman recently found for the defendant, DTE Energy Company (DTE) in a New Source Review (NSR) permit dispute.  In the complaint, the United States alleged that DTE violated the Clean Air Act (CAA) and

Continue Reading District Court Finds That 2002 NSR Rules Provide Source Operators with Flexibility