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Results: 1-10 of 225

Standing matters, TMDL version

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 3 2013

Last week, in Conservation Law Foundation v. EPA, Judge Mark Wolf ruled that CLF did not have standing to challenge EPA's approval of total maximum

More on the permit shield defense: a permittee is gasp entitled to rely on regulations and permits issued by delegated state agencies

  • Foley Hoag LLP
  • -
  • USA
  • -
  • August 20 2013

Late last month, we noted that a permittee may not rely on the permit shield defense unless it has clearly informed the permitting agency of the

We still don’t need no stinkin cooperative federalism: the D.C. Circuit Court of Appeals holds that GHG sources require PSD permits even absent a state implementation plan

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 29 2013

Last Friday, I posted about the limits to EPA's cooperation with states in the name of "cooperative federalism" under the Clean Air Act. On the same

Cooperative federalism? We don’t need no stinkin cooperative federalism

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 25 2013

Last Friday, the Court of Appeals for the 10th Circuit, in Oklahoma v. EPA, affirmed EPA's rejection of Oklahoma's state implementation plan setting

Mississippi v. EPA: support of the Clean Air Science Advisory Committee is not necessary to affirm EPA’s NAAQS

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 24 2013

On Tuesday, in Mississippi v. EPA, the Court of Appeals for the D.C. Circuit affirmed EPA's 2008 NAAQS for ozone of 0.075 ppm. However, it remanded

Section 126 of the Clean Air Act and cooperative federalism: EPA may cooperate with the downwind state rather than the upwind state

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 15 2013

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under 126 of the

One step at a time is just too late: the DC Circuit strikes down EPA’s deferral of GHG regulation of biomass emissions

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 13 2013

On Friday, in Center For Biological Diversity v. EPA, the D.C. Circuit Court of Appeals struck down EPA's rule deferring regulation of GHG emissions

The Seventh Circuit cuts the Gordian knot of NSR interpretation: preconstruction review cannot lead to continuing violations

  • Foley Hoag LLP
  • -
  • USA
  • -
  • July 12 2013

Earlier this week, in United States v. Midwest Generation, the 7th Circuit Court of Appeals affirmed dismissal of EPA's NSR enforcement action

The President issues his climate action plan: not much mention of Congress

  • Foley Hoag LLP
  • -
  • USA
  • -
  • June 26 2013

President Obama yesterday released his Climate Action Plan, together with a Memorandum concerning EPA's issuance of rules governing carbon emissions

The Supreme Court agrees to review the CSAPR decision: might EPA avoid version 3 of the transport rule?

  • Foley Hoag LLP
  • -
  • USA
  • -
  • June 24 2013

The Supreme Court today granted certiorari in EPA v. EME Homer City, the challenge to EPA's Cross-State Air Pollution Rule, or CSAPR. The Court of