As the objectives gain traction, they are meeting state resistance in court. By Robin M. Hulshizer and Malorie R. Medellin The US Environmental Protection Agency’s (EPA’s) strategic plan for 2022–26, released in March 2022, added a new foundational principle to the agency’s mission: the advancement of environmental justice and equity. Since unveiling its strategic plan, … Continue Reading
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. By Stacey L. VanBelleghem and Jennifer Garlock On May 11, 2023, the US Environmental Protection Agency (EPA) released its proposed rule[1] to regulate carbon dioxide (CO2) emissions from electric generating units (EGUs) at power plants under Section … Continue Reading
The decision will limit EPA’s options for future regulation of existing power plant GHG emissions and may have broader implications for other federal agency rulemakings. By Stacey L. VanBelleghem, Karl A. Karg, and Malorie R. Medellin On June 30, 2022, the US Supreme Court issued its long-awaited ruling in West Virginia v. EPA — the … Continue Reading
The decision clears a path for President Biden’s climate priorities, striking down a Trump Administration rule that had repealed the Obama Administration’s power plant greenhouse gas regulations. By Stacey L. VanBelleghem and Devin M. O’Connor On January 19, 2021, on the eve of President Biden’s inauguration, in American Lung Association, et al. v. EPA, the … Continue Reading
A recent federal court decision in Utah renews the question of whether defeat device and tampering prohibitions constitute “an emission standard or limitation”. By Arthur F. Foerster A non-profit citizen group, Utah Physicians for a Healthy Environment, is seeking nearly US$1.5 million in costs and attorneys’ fees after successfully prosecuting a citizen action in Utah federal … Continue Reading
In a significant and potentially precedent-setting action, EPA terminates the Clean Power Plan, narrows the scope of required controls to the regulated unit, and axes previously available compliance options. By Stacey L. VanBelleghem and Robert A. Wyman On June 19, 2019, the US Environmental Protection Agency (EPA) released its final Affordable Clean Energy (ACE) Rule … Continue Reading
Webcast addresses recent EPA and DOJ policy developments with important implications for permitting, enforcement, and litigation. By Joel C. Beauvais, Julia A. Hatcher, Karl A. Karg, Claudia M. O’Brien, and Stacey L. VanBelleghem Latham’s Environment, Land & Resources Department hosted a 60-minute webcast on March 29, “New Trump Administration Policies on Environmental Enforcement, Settlements, and … Continue Reading
By Arthur Foerster and Jamie Friedland On January 12, 2018, the California Air Resources Board (CARB) will conduct a public workshop regarding CARB staff’s potential amendments to California’s heavy-duty vehicle (HDV) emission warranty requirements. According to CARB staff, the workshop will focus on potential changes to Title 13, California Code of Regulations, Section 2036, and … Continue Reading
By Claudia O’Brien, Bob Wyman, Joel Beauvais, Stacey VanBelleghem, Bridget Reineking, and Kimberly Leefatt On March 28, 2017, President Donald Trump signed an executive order (EO) directing executive departments and agencies to review regulations that potentially burden the development or use of domestically-produced energy resources. This EO sets the stage for what could become a … Continue Reading
