Douglas McWilliams

Subscribe to all posts by Douglas McWilliams

US Supreme Court Limits EPA’s Authority to Regulate Carbon Emissions from Existing Power Plants Under Major Questions Doctrine with Implications for Agency Rulemaking Generally

On June 30, 2022, the US Supreme Court held that the Obama-era Clean Power Plan (CPP) “[c]apping carbon dioxide emissions at a level that [would] force” energy generation shifting from coal to natural gas to renewables nationwide was not within the statutory authority that Section 111(d) of the Clean Air Act (CAA), codified as 42 … Continue Reading

US EPA Finalizes Revisions to Ozone National Ambient Air Quality Standard

On October 1, US EPA issued much-anticipated final rule revisions intended to tighten the ground-level ozone (O3) national ambient air quality standard (NAAQS). US EPA will set the primary ozone NAAQS at 70 parts per billion (ppb). This new standard significantly lowers the existing 75 ppb standard set in 2008. This will push portions of the … Continue Reading

US Supreme Court Curtails US EPA Regulation of Greenhouse Gasses (GHGs) Only Allowing Regulation of GHGs At Sources Already Subject to CAA Permitting

In a seminal decision, the US Supreme Court ruled 5-4 that US EPA lacked authority to impose PSD and Title V permitting requirements under the Clean Air Act (CAA) on facilities based solely on their emission of greenhouse gases (GHGs), striking down much of US EPA’s plan for regulating GHG emissions under the Tailoring Rule.  In the same opinion, … 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