Topic
Emissions Control
35 published works
Class Action Countermeasures
Daubert and Ascertainability – Coleman v. Union Carbide Corp
By The Editors
A heavy-metals plant in Alloy, West Virginia provided a foundation for the local economy throughout the 20th century. (Hence the name Alloy.) In the 21st century, it provided the basis for…
Energy Business Law
Third Circuit PSD Decision is a Loss for EPA, But Also Contains Warnings for Power Plant Owners
by Jacob Hollinger The federal Environmental Protection Agency (EPA) suffered an important loss on August 21 when the U.S. Court of Appeals for the Third Circuit affirmed the dismissal EPA’s…
Workplace Safety and Environmental Law Alert Blog
Third Circuit Finds Enforcement Action Time-Barred Because the Failure to Obtain a Preconstruction Permit is Not a Continuing Violation of the Clean Air Act
By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen The Third Circuit concludes that the U. S. Environmental Protection Agency may not force former facility owners to obtain…
Environmental Law & Policy Monitor
EPA Requires 36 States to Overhaul Longstanding Air Rules Governing Source Startup, Shutdown and Malfunction Events
By Environmental Law and Policy Monitor
In February, the US Environmental Protection Agency (EPA) signed a proposed rule that requires states to virtually eliminate longstanding, previously EPA-approved air rules governing emissions from “startup, shutdown, or malfunction”…
Ohio Environmental Law Blog
Power Plant Reductions- EPA Gets it Wrong….Again
On August 21st, the D.C. Circuit Court vacated U.S. EPA's Cross-State Air Pollution Rule (CSAPR) also known at the "Transport Rule." This is not the first time EPA has had its…
Ohio Environmental Law Blog
Appeals Court Revokes Injunction Which Had Blocked Ohio EPA’s BAT Exemption for Small Air Pollution Sources
Back in 2006, the Ohio Legislature passed Senate Bill 265 which was hailed as the biggest change to air pollution control regulations in Ohio in several decades. The center piece…
Energy & Environmental Law Adviser
Court Stays Cross-State Air Pollution Rule
Originally published as a Schiff Hardin Environmental Update newsletterOn December 30, 2011, the United States Court of Appeals for the District of Columbia issued an order staying the Cross-State Air…
Washington Energy Report
House Committees Pass Bills to Slash EPA Funding and Delay Recent Clean Air Act Rules
The U.S. House of Representatives Energy and Commerce and Appropriations Committees passed a barrage of measures aimed at limiting environmental regulation by the EPA and U.S. Department of the Interior (“Interior”). …
Real Estate, Land Use & Environmental Law Blog
Local Air District Rule Requiring Development Sites to Reduce Amount of Pollutants Emitted Not Preempted by the Clean Air Act
National Association of Home Builders v. San Joaquin Valley Unified Air Pollution Control District, No. 08-17309, (9th Cir., December 7, 2010) In NAHB v. San Joaquin Valley UAPCD, the United…
Energy & Environmental Law Blog
New Air Regulations for E&P Operations?
By Greg Russell
U.S. EPA is continuing its review of how it regulates emissions from oil and natural gas facilities. The latest step, public meetings "to establish a dialog among government, the affected…