William Jefferson Clinton Federal Building In Washington DC

EPA will regulate legacy CCR surface impoundments and CCR Management Units for the first time.

By Stacey L. VanBelleghem, Karl A. Karg, Phil Sandick, Jacqueline Zhang, Bruce Johnson, and Samuel Wallace-Perdomo

On April 25, 2024, EPA released its Final Rule to extend certain requirements governing the disposal of coal combustion residuals (CCR) in inactive surface impoundments at inactive power plants (referred to as “legacy CCR surface impoundments” or “legacy ponds”) and CCR Management Units (CCRMU), a…

William Jefferson Clinton Federal Building In Washington DC

EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration.

By Stacey L. VanBelleghem, Karl A. Karg, and Phil Sandick

On April 25, 2024, the US Environmental Protection Agency (EPA) released its final rule (the Power Plant GHG Rule or the Final Rule) to regulate greenhouse gas (GHG) emissions from electric generating units (EGUs) at power plants under Section 111 of the Clean Air Act…

Men working at a chemical warehouse

The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction.

By Karl Karg, Phil Sandick, and Nate Gelfand-Toutant

On April 9, 2024, the US Environmental Protection Agency (EPA) issued a final rule amending the Clean Air Act New Source Performance Standards (NSPS) that apply to emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI). The rule also finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to the SOCMI (also called the Hazardous Organic NESHAP or HON) and to Group I and II Polymers and Resins Industries (P&R I and P&R II). Some of these amendments include updates to the maximum available treatment technology (MACT) standards, including those addressing heat exchange systems, storage vessels, and process vents, depending on the source category.

The rule will be effective 60 days after publication in the Federal Register but will likely be challenged.

California Aqueduct

We analyze the key CEQA cases from 2023 and their impact on development in California.

By Marc Campopiano, Jennifer Roy, Winston Stromberg, Kevin Homrighausen, and Natalie Rogers

In 2023, the California Supreme Court and the Courts of Appeal issued 53 published and unpublished California Environmental Quality Act (CEQA) opinions.

As part of Latham’s annual CEQA webcast series, our Environment, Land & Resources lawyers reviewed each judicial opinion in 2023, highlighting key cases and their practical lessons…

The court’s decision is the latest development in the litigation over the SEC’s final rules, which have faced numerous legal challenges since their adoption.

By Paul A. Davies, Sarah E. Fortt, and Betty M. Huber

On March 15, 2024, the US Court of Appeals for the Fifth Circuit granted an administrative stay of the Securities and Exchange Commission’s recently finalized climate disclosure rules, in response to a March 8 request.[1] Petitioners had requested the stay in light…