Environment, Land & Resources

Tag Archives: EPA

5 Things to Know About EPA’s Proposed Power Plant CO2 Emissions Rule

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

Supreme Court Rejects EPA’s Authority to Force Power Generation Shifting Under Clean Air Act

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

EPA Announces Near Zero Drinking Water Health Advisories for Certain PFAS Chemicals

The record-low health advisories form part of the EPA’s 2021 PFAS Strategic Roadmap, which forecasts further regulatory action at both state and federal levels. By Julia Hatcher, Kegan A. Brown, Thomas C. Pearce, Taylor West, Andy Landolfi, and Phil Sandick On June 15, 2022, the United States Environmental Protection Agency (EPA) issued interim, updated drinking … Continue Reading

EPA and Army Corps Seek to Redefine Waters of the United States

The proposed definition would significantly extend the regulatory scope of the Clean Water Act. By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies) published a proposed rule (the Proposed Rule) to revise the definition … Continue Reading

DC Circuit Overturns Trump Administration Power Plant Rule

The decision clears a path for President Biden’s climate priorities, striking down a Trump Administration rule that had repealed the Obama Administration’s power plant greenhouse gas regulations.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

Aftermarket Defeat Devices and the Clean Air Act – Are Citizen Suits A Threat?

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

TCI Releases Framework for Draft Policy to Reduce GHG Emissions From Transportation

Under the TCI program, fuel suppliers would be required to hold allowances to cover their reported emissions. By Jean-Philippe Brisson, Joshua T. Bledsoe, and Benjamin W. Einhouse The Transportation & Climate Initiative (TCI), a regional collaboration of Northeast and Mid-Atlantic states and the District of Columbia, has advanced its program to reduce greenhouse gas (GHG) … Continue Reading

EPA to Cease Issuing CBI Notices of Deficiency Under TSCA

EPA’s new policy may result in public disclosure of confidential business information if confidentiality is not properly claimed. By Julia A. Hatcher, Ann Claassen, and Stijn van Osch The US Environmental Protection Agency (EPA) announced on July 15, 2019 that, beginning August 15, 2019, EPA would no longer provide notices of deficiency to businesses that … Continue Reading

EPA Will Not Require Financial Assurances From Electric Power Sector

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. By Claudia M. O’Brien and Stacey L. VanBelleghem On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility requirements on the Electric Power Generation, Transmission, and Distribution industry under Section 108(b) of the … Continue Reading

6 Things to Know about EPA’s Final ACE Rule

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

Congress Reauthorizes Federal Water Infrastructure Bank: 3 Takeaways for Project Developers

WIFIA program — no longer a “pilot” — is set to grow. By Joel C. Beauvais and David J. Penna On October 23, 2018, President Trump signed into law the America’s Water Infrastructure Act of 2018 (AWIA 2018). This bipartisan legislation, among other elements, reauthorized the Water Infrastructure Finance and Innovation Act (WIFIA). WIFIA, which … Continue Reading

EPA Announces “Cleaner Trucks Initiative” to Reduce NOx Emissions

The announcement signals EPA’s intent to publish a proposed rule in 2020. By Arthur F. Foerster On November 13, the United States Environmental Protection Agency (EPA) announced its “Cleaner Trucks Initiative” (CTI) to further decrease oxides of nitrogen (NOx) emissions from on-highway trucks and engines. EPA intends to publish a proposed rule in early 2020, … Continue Reading

Near-Term Opportunities for Industry to Reduce Compliance Costs, Avoid “Nonattainment” Designation,” in the Face of Tightened Ozone NAAQS

By Joel Beauvais, Claudia O’Brien, Stacey VanBelleghem and Bridget Reineking Over the past four decades, compliance with the ozone National Ambient Air Quality Standards (NAAQS) has proven to be among the most costly of Environmental Protection Agency (EPA) regulations. EPA tightened the primary and secondary ozone standards to 70 parts per billion (ppb) in late … Continue Reading

President Signs Executive Order Directing EPA and Army to Review and “Rescind or Revise” Clean Water Rule

By Joel Beauvais and Claudia O’Brien President Donald Trump, on February 28, signed an executive order (EO) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) to issue a proposed rulemaking for notice and comment to rescind or revise their joint 2015 Clean Water Rule, also known as the Waters of the … Continue Reading

EPA Targets Oil and Gas Sector with Suite of New Emissions Rules

By Robert Wyman, Claudia O’Brien, Michael Carroll, Alicia Handy, Andrew Westgate and Samantha Seikkula On May 12, 2016, the US Environmental Protection Agency (EPA) released its final rules aimed at reducing methane emissions from the oil and gas industry, in support of the Obama Administration’s efforts to cut methane emissions from the oil and gas … Continue Reading
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