Searching Content indexed under Clean Air / Pollution by Foley Hoag LLP ordered by Published Date Descending.
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EPA's Ozone NAAQS Largely Survives: CASAC Still Rules
The D.C. Circuit today largely upheld EPA's 2015 revisions to the National Ambient Air Quality Standard for ozone. I'm not much of a prognosticator
United States
27 Aug 2019
Whatever Happened To The Conservative Belief In Markets?
After receiving an analysis showing that shutting the Jim Bridger and Naughton coal-fired electric generating plants in Wyoming would save ratepayers money...
United States
14 May 2019
An NSR Enforcement Decision – Last Of A Dying Breed?
Late last month, Federal Judge Rodney Sippel ruled that EPA could obtain injunctive relief against Ameren Missouri in the long-running NSR enforcement case concerning Ameren's Rush Island Plant.
United States
19 Mar 2019
Governor Baker Shows Support For Offshore Wind Industry
The Governor applauded such efforts as a key step in the development of this new market.
United States
18 Mar 2019
Citizen Plaintiffs Lose A Climate Suit — Let Me Count The Ways (Video)
Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government
United States
28 Feb 2019
EPA's New Approach To Cost Benefit Analysis: Charles Dickens Or Alice In Wonderland?
I've only now had the opportunity to catch up with EPA's proposed reconsideration of its approach to cost-benefit analysis for the Mercury and Air Toxics Standards.
United States
17 Jan 2019
Is RGGI For Transportation About To Happen? All Will Be Revealed In 2019
On Tuesday, nine Northeastern and Mid-Atlantic states participating in the Transportation Climate Initiative – notably not yet including New York – announced that they:
United States
2 Jan 2019
A Short Rant Concerning Transportation Sector GHG Emissions
The Energy Information Administration today released CO2 emissions numbers through 2016.
United States
6 Nov 2018
EPA's Latest Particulate Review Shows Impacts Below The Current NAAQS. How Will Trump Avoid Doing Something About It?
Last week, EPA posted its draft Integrated Science Assessment for Particulate Matter.
United States
1 Nov 2018
A Sliver Of Hope For The Government's Remaining NSR Enforcement Cases?
Earlier this month, the 5th Circuit Court of Appeals granted something of a reprieve to EPA's New Source Review enforcement initiative. The Court first confirmed what everyone other than EPA and DOJ
United States
15 Oct 2018
No Circuit Split Here: Second Circuit Affirms New York's ZEC Program
As Carol Holahan discussed, the 7th Circuit last month affirmed the Illinois zero emission credit program.
United States
4 Oct 2018
We May Not Always Have Paris, But Perhaps We Can Do Better Than Paris (Video)
Earlier this week, the Climate Leadership Council released an analysis demonstrating that the "Baker Shultz Carbon Dividends Plan" would result in greater reductions in greenhouse gas emissions than the US committed to attaining under the 2015 Paris agreement.
United States
14 Sep 2018
EPA Proposes To Replace The Clean Power Plan. How About A Proposal To Replace Its Benefits?
EPA has finally released its proposed replacement for the Clean Power Plan, dubbed the Affordable Clean Energy Rule.
United States
29 Aug 2018
Another Day, Another Reversal Of An EPA Regulatory Delay
On Friday, the D.C. Circuit Court of Appeals vacated EPA's "Delay Rule", which postponed compliance with EPA regulations governing preparation of Risk Management Plans under the Clean Air Act.
United States
28 Aug 2018
How Much Does Trump Even Care About Deregulation?
On Thursday, the Trump Administration's "Suspension Rule," which delayed implementation of the Obama Waters of the United States Rule for two years was struck down.
United States
24 Aug 2018
Brick/Clay MACT: Environmentalists In A TKO Over Industry
The decision is not really surprising, because EPA had failed to justify a number of the decisions that it made.
United States
24 Jul 2018
WOTUS: Legal Issue Or Scientific Issue?
Last week, EPA and the Army Corps issued a Supplemental Notice of Proposed Rulemaking in support of their efforts to get rid of the Obama WOTUS rule. It's a shrewd but cynical document.
United States
24 Jul 2018
Federal Common Law Controls California Climate Actions: Never A Dull Moment
Earlier this week, Judge William Alsup denied a motion by Oakland and San Francisco to remand their public nuisance claims against some of the world's largest fossil fuel producers to state court.
United States
5 Mar 2018
The Clean Air Act Is Really Complicated; Can't We Call The Whole Thing Off? (Video)
Last week, the Court of Appeals for the District of Columbia struck down EPA's rule implementing the 2008 ozone standards.
United States
22 Feb 2018
Now It's DOE's Turn — Another Court Requires The Administration To Promulgate Regulations
Last week, I noted that EPA had been ordered to respond to a petition by Connecticut under ง 126(b) of the Clean Air Act.
United States
21 Feb 2018
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