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Let the Comments Begin!EPA Publishes Clean Power Plan Replacement Named “ACE”
  • Troutman Sanders LLP
  • USA
  • August 31 2018

The comment period has now begun on EPA’s proposal for replacing the Clean Power Plan, named the “Affordable Clean Energy”or “ACE”rule. The rule was


Environmental Protection Agency Releases Clean Power Plan Replacement
  • Troutman Sanders LLP
  • USA
  • August 21 2018

This morning, the Environmental Protection Agency (EPA) released its proposed replacement for the Clean Power Plan (CPP) titled the “Affordable Clean


The Stage Is Set for New Action on the Clean Power Plan
  • Troutman Sanders LLP
  • USA
  • August 10 2018

The unprecedented legal battles over the Clean Power Plan have been on ice for quite some time. However, recent events suggest the rule may start


EPA Streamlines NSR Permitting for Projects with Insignificant Air Quality Impacts
  • Troutman Sanders LLP
  • USA
  • April 27 2018

On April 17, 2010 EPA issued a guidance document on the implementation of significant impact levels (“SIL”) for ozone and fine particles. Under EPA’s


D.C. Circuit Issues Latest Decision on Long-Running Boiler MACT Saga
  • Troutman Sanders LLP
  • USA
  • April 1 2018

On March 16, 2018, the D.C. Circuit Court of Appeals partially upheld and partially rejected an EPA rule known as the “Boiler MACT.” Officially named


DC Circuit Upholds CSAPR as “Better than BART” under Regional Haze Program
  • Troutman Sanders LLP
  • USA
  • March 21 2018

On March 20th, the DC Circuit upheld EPA’s June 2012 “CSAPR BART Rule,” establishing that compliance with EPA’s Cross State Air Pollution Rule


EPA decides both “increases” and “decreases” count in determining NSR applicability
  • Troutman Sanders LLP
  • USA
  • March 14 2018

NSRthe program imposing onerous permitting requirements on the construction of new sources and “major modification” projects at existing


EPA Withdraws “Once in Always in” Policy, Removing Disincentive to Reducing Emissions
  • Troutman Sanders LLP
  • USA
  • January 31 2018

On January 25, 2018, EPA’s Assistant Administrator, William Wehrum, issued a memorandum addressing when a “major source” subject to a section 112


While Supreme Court Denies Petition for Appeal in Jobs Suit, EPA Plans to Revive Employment Impact Analyses
  • Troutman Sanders LLP
  • USA
  • January 10 2018

On January 8, the Supreme Court denied Murray Energy's petition for appeal of a Fourth Circuit decision that had rejected its efforts to obtain


New Source Review Memorandum Alters EPA’s Enforcement Approach Concerning Actual-to-Projected-Actual Applicability Test
  • Troutman Sanders LLP
  • USA
  • December 19 2017

On December 7, 2017, EPA Administrator Scott Pruitt issued a memorandum explaining EPA’s future approach concerning enforcement of the New Source