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D.C. Circuit rulings affect EPA hazardous air pollutant regulations
  • Shook Hardy & Bacon LLP
  • USA
  • November 30 2012

Two recent D.C. Circuit Court of Appeals decisions affect the U.S. Environmental Protection Agency’s (EPA’s) air toxics regulatory program.

EPA faces suits over state haze plans as it awaits decision on petition for rehearing on cross-state air pollution ruling
  • Jenner & Block LLP
  • USA
  • October 26 2012

As discussed previously in this blog, the United States Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") vacated the Cross-State Air Pollution Rule (the "Transport Rule") on August 21, 2012, in EME Homer City Generation, LP v. Environmental Protection Agency, et. al, Case No. 11-1302.

Federal court vacates EPA decision to delay boiler emission rules
  • Shook Hardy & Bacon LLP
  • USA
  • January 20 2012

A federal court in the District of Columbia has vacated the U.S. Environmental Protection Agency’s (EPA’s) decision to delay the effective date of revised air pollution standards for boilers and incinerators, ruling that the delay was unlawful.

Fracking - key legal trends for companies to watch
  • Kelley Drye & Warren LLP
  • USA
  • September 27 2011

As the pace of natural gas and oil drilling in unconventional plays increases, the industry continues to be faced with a broad suite of environmentally-related legal concerns.

President Obama returns ozone rule to EPA
  • Greenberg Traurig LLP
  • USA
  • September 14 2011

On Friday, September 2, 2011, Cass Sunstein, of the Executive Office of the President, Office of Management and Budget, returned the draft final rule, "Reconsideration of the 2008 Ozone Primary and Secondary National Ambient Air Quality Standards," to EPA with the statement that the President does not support finalizing the rule at this time.

Sierra Club challenges delay of boiler, incinerator rules
  • Mintz
  • USA
  • July 24 2011

On July 15, the Sierra Club filed a petition for review July 15 in the U.S.

Clean Air Act citizens' suits: collateral estoppel bars claims when citizens do not intervene
  • Taft Stettinius & Hollister LLP
  • USA
  • June 3 2011

The Tenth Circuit Court of Appeals affirmed a district court order dismissing all Clean Air Act citizen suit claims of the Sierra Club on grounds of collateral estoppel, even though the Sierra Club was not a party to the prior administrative proceedings.

Supreme Court asked to review appellate MACT requirement ruling
  • Mintz
  • USA
  • May 8 2011

Sandy Creek Energy Associates asked the U.S. Supreme Court last week to allow continued construction of a $2 billion coal-fired power plant outside Waco, Texas.

EPA proposes NESHAPs for primary lead smelters
  • Shook Hardy & Bacon LLP
  • USA
  • March 4 2011

EPA has published a proposed rule that would amend the national emission standards for hazardous air pollutants (NESHAPs) for primary lead smelting.

Boiler hazardous air pollutant emission rules released by EPA
  • Stoel Rives LLP
  • USA
  • February 24 2011

On February 23, 2011, the U.S. Environmental Protection Agency (EPA) released final rules regulating hazardous air pollutant (HAP) emissions from boilers at major sources of HAPs (Boiler MACT) and boilers at minor or area sources of HAPs (Boiler GACT), for Commercial and Industrial Solid Waste Incinerators (CISWI) and for defining what constitutes a solid waste when burned.