Allen Kacenjar

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Deadline for TSCA Chemical Data Reporting Extended to October 31, 2016

Last week, US EPA announced in the Federal Register that it has extended the deadline for companies subject to its Chemical Data Reporting (CDR) rule to submit data on the chemical substances they manufacture and import pursuant to the Toxic Substances Control Act (TSCA) from September 30, 2016 to October 31, 2016. For detailed information on the CDR reporting requirements, … Continue Reading

US EPA Releases Proposed 8-hr Ozone Standards

On November 25, 2014, US EPA released its long-awaited proposal to tighten the 8-hr ground-level ozone standard. The impacts of this rule are difficult to overstate. Unless changed, it will push much of the country into non-attainment, forcing state regulators to pursue emissions reductions while making permitting more difficult and restricting growth. A Smoggy Past: … Continue Reading

US Supreme Court to Review EPA Greenhouse Gas Regulations for Stationary Sources – What is at Stake?

On Tuesday, October 15, 2013, the Supreme Court agreed to review whether EPA took an unreasonable leap by determining that its regulation of greenhouse gas (“GHG”) emissions from new motor vehicles (the “Tailpipe Rule”) automatically triggered a statutory requirement for EPA to regulate GHG emissions from stationary sources.  (See Squire Sanders’ frESH Blog Post discussing … Continue Reading

US Supreme Court to Hear Cross State Air Pollution Rule Challenge

The US Supreme Court has decided to hear USEPA’s challenge to the invalidatition of the Cross State Air Pollution Rule (CSAPR) by the DC Circuit in EME Homer City Generation L.P., et al, v. EPA.  The CSAPR requires 28 states to reduce power plant emissions that contribute to the “downwind” transport of ozone and fine particulate matter pollution … Continue Reading

Strike Two on Interstate Air Pollution: DC Circuit Vacates CSAPR

On August 21, 2012, the U.S. Court of Appeals for the D.C. Circuit, in a 2-1 ruling, issued a critical rebuke of USEPA’s “Transport” or Cross-State Air Pollution Rule (“CSAPR”).1   The court found that CSAPR finding that the rule exceeded the agency’s statutory authority under the Clean Air Act (“CAA”). The CAA requires that emissions … Continue Reading

D.C. Circuit Upholds US EPA’s Greenhouse Gas Rules

On June 26, 2012, the D.C. Circuit awarded US EPA a striking victory in the first round of extensive litigation over its efforts to regulate greenhouse gases (GHGs). The case, Coalition for Responsible Regulation v. EPA, is a challenge to: (1) US EPA’s “Endangerment Finding,” which concluded that GHGs may “reasonably be anticipated to endanger … Continue Reading