Archives: Air Quality

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October Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”. In our September edition, we summarise 32 developments in the environmental, safety and health sector. Some of the top stories this month include: The 2019 UK … Continue Reading

US EPA-California Tensions Over GHG Standards Increase with Preemption Challenge

Disagreements between California and the US Environmental Protection Agency (US EPA) over greenhouse gas (GHG) standards for automobiles have been simmering since 2018, but tensions between the two sides have recently increased after California entered into a voluntary agreement on GHG standards with a group of major automakers, followed swiftly by US EPA’s withdrawal of California’s authority … Continue Reading

August Update: Key Developments in UK and EU Environment, Safety and Health Law, Procedure and Policy

We are pleased to share with you the latest edition of “frESH Law Horizons – Key Developments in UK & EU Environment, Safety and Health Law, Procedure and Policy”.  In our August edition, we summarise 29 developments in the environmental, safety and health sector.  Some of the top stories this month include: Court of Appeal dismisses … Continue Reading

US EPA Proposes to Roll Back Requirements to Control Oil & Gas Industry Methane Emissions

Today, US EPA proposed a rule to roll back the Obama Administration’s rule to control methane emissions from the oil and gas industry. Methane emissions from the oil and gas industry are equivalent to the emissions of one-quarter of all cars in the US, according to US EPA data. Methane emissions are also known to … Continue Reading

US EPA Formally Proposes Repeal of “Once In, Always In” Policy

On June 25, 2019, US EPA issued a proposed rule that would reverse the “once in, always in” policy for sources of hazardous air pollutants (HAP) that has been in place for more than 20 years. The rulemaking formalizes a January 2018 US EPA memorandum repealing the policy, an action that was challenged by environmental groups and … Continue Reading

Mobile Sources Face an Increased Risk of Agency Enforcement and Citizen Suits

On June 12, 2019, the US Environmental Protection Agency (US EPA) announced its seven enforcement and compliance assurance priority areas for fiscal years 2020-2023. One of the National Compliance Initiatives includes “Stopping Aftermarket Defeat Devices for Vehicles and Engines.” Specifically, the Agency expressed that it will have a focus on reducing aftermarket defeat device manufacture, … Continue Reading

US EPA Issues Proposal to Freeze Tailpipe Emission Standards

The United States Environmental Protection Agency (US EPA) and the National Highway Traffic Safety Administration (NHTSA) issued a proposed rule regarding existing Corporate Average Fuel Economy (CAFE) and tailpipe greenhouse gases (GHG) emission standards for passenger cars and light-duty trucks on August 24, 2018. With this proposal, US EPA’s goal is to finalize a rule … Continue Reading

Colorado Proposition 112: If Colorado Bans New Oil and Gas Development, What Next?

The State of Colorado is a leader in regulating oil and gas development. But a ballot initiative proposes a more dramatic regulatory step: restricting oil and gas development all together. In the upcoming election, Colorado voters will decide whether to enact Proposition 112, a law requiring a 2,500-foot setback between any new oil and gas developments and any “occupied … Continue Reading

Proposed Affordable Clean Energy Rule: Navigating US EPA’s Clean Power Plan Replacement

On August 31, 2018, the US Environmental Protection Agency (US EPA) published its proposed rule providing a replacement to the Clean Power Plan (CPP).  The proposed rule, named the Affordable Clean Energy (ACE) rule, outlines revised emissions guidelines and the process for states to submit plans for the reduction of greenhouse gas (GHG) emissions from affected … Continue Reading

Lawsuit Filed in Response to US EPA Rollback of Tailpipe Emission Standards

On May 1, 2018, 17 states, including California, as well as the District of Columbia filed a Petition for Review in the US Court of Appeals for the District of Columbia in response to US EPA’s announcement that it would be rolling back tailpipe emission standards. As we previously reported, California stated in April that it was … Continue Reading

California Threatens Lawsuit Against US EPA as Pruitt Threatens to Roll Back Emissions Standards

In 2012, California, the Obama Administration, and major US automakers agreed (2012 Agreement) to nearly double fuel efficiency fleet-wide by 2025, raising the average fuel economy of new cars and light trucks to more than 50 MPG, or roughly 36 MPG in real-world driving. As part of the 2012 Agreement, a midterm review was scheduled … Continue Reading

Amid Pushback, US EPA’s Reversal on “Once In Always In” Policy Opens Door to Reduced Clean Air Act Obligations

On January 25, 2018, Bill Wehrum, the new Assistant Administrator of US EPA’s Office of Air and Radiation, issued a memorandum to all Regional Air Division Directors rescinding US EPA’s historic “Once In Always In” (OIAI) policy for major sources under US EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP) program. Under the “Once In Always In” (OIAI) … Continue Reading

The Future of the Clean Power Plan as US EPA’s Proposed Repeal Looms

On October 16, 2017, US EPA, under Administrator Scott Pruitt, proposed the repeal of the Clean Power Plan (CPP), and the Agency is accepting comments on the repeal until April 26, 2018. Following a review of the statute’s language, surrounding policy, and legislative history, US EPA proposed to “return to a reading of CAA section 111(a)(1) … as … Continue Reading

New US EPA Memorandum Suggests a Hand’s-Off Approach to NSR Applicability Determinations

On December 7, 2017, US EPA Administrator Scott Pruitt issued a memorandum to all Regional Administrators to offer guidance regarding the Agency’s interpretation of New Source Review (NSR) preconstruction permitting requirements in response to recent decisions from the Sixth Circuit in EPA v. DTE Energy Co.  Highlighting the lack of unanimity among the individual Sixth … Continue Reading

D.C. Circuit Holds US EPA Cannot Stay Implementation of Methane Rule Issued by Obama Administration

On July 3, 2017, the US Court of Appeals for the D.C. Circuit vacated US EPA’s decision to stay implementation of portions of a final rule concerning methane and other greenhouse gases.  In Clean Air Council v. Pruitt, a three-judge panel held that US EPA lacked authority under the Clean Air Act to stay the … Continue Reading

What Happened to US EPA’s New Source Performance Standards and Emission Guidelines for Municipal Solid Waste Landfills?

In 2016, US EPA finalized two rules designed to reduce methane and non-methane organic compound emissions from landfills.  These rules were adopted as part of President Obama’s Climate Action Plan: Strategy to Reduce Methane Emissions.  US EPA issued final New Source Performance Standards (NSPS) to reduce emissions caused by landfill gas from new, modified and reconstructed municipal solid waste (MSW) … Continue Reading

D.C. Court Gives US EPA 3 Years to Update National Emission Standards for Hazardous Air Pollutants

On March 13, 2017, D.C. District Court Judge Tanya S. Chutkan granted summary judgment to an environmental advocacy group and ordered US EPA to update its National Emission Standards for Hazardous Air Pollutant (NESHAP) rulemakings for 20 listed major source categories in three years. The soon-to-be updated major source categories will affect several industries, including: … Continue Reading

Asbestos-Containing Materials: A Non-Scope Consideration Worth Investigating During Environmental Due Diligence

A common question that arises when performing environmental due diligence on commercial real estate is the degree to which the presence of asbestos-containing materials (ACMs) should be investigated.  In the case of ACMs, “what you don’t know can hurt you” and, therefore, the old axiom of “less is more” does not apply.  This is especially true regarding asbestos not only … Continue Reading

Ninth Circuit Rules Smelter Emissions Are Not a CERCLA Disposal

The Ninth Circuit’s recent opinion in Pakootas v. Teck Cominco Metals, Ltd., addressed whether, “[w]hen a smelter emits lead, arsenic, cadmium, and mercury compounds through a smokestack and those compounds contaminate land or water downwind, . . . the owner-operator of the smelter [can] be held liable for cleanup costs and natural resource damages under … Continue Reading

New US Standards to Reduce Emissions and Improve Fuel Efficiency of Medium- and Heavy-Duty Vehicles

As the result of a joint rulemaking effort, the US Environmental Protection Agency’s (US EPA) Office of Transportation and Air Quality and the US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) finalized new standards for medium- and heavy-duty vehicles and their engines on August 16, 2016. Included among the types of vehicles affected by … Continue Reading

Implications Of The Brexit Vote On UK Environmental Law And Policy

Following a referendum which has polarised the nation, the people of the UK have voted to leave the European Union. Stepping away from the political rhetoric and posturing, it is worth reflecting on some of the more practical issues which will arise from this decision, such as how it could affect our environmental law landscape. … Continue Reading

US EPA Finalizes Oil and Gas New Source Performance Standards With Potentially Broader New Source Review Impact

With US EPA’s regulation of greenhouse gas emissions from fossil fuel–fired electric generation still hotly contested in the D.C. Circuit, US EPA is proceeding with the next step in its implementation of the White House’s Climate Action Plan by moving forward with additional greenhouse gas regulations, this time of the nation’s oil and gas infrastructure.  … Continue Reading

Introduction of Australia’s Emissions Reduction Fund Safeguard Mechanism

Australia’s goal to decrease its carbon dioxide (CO2) emissions by 26-28% by 2030 is a direct result of the Paris Climate Conference in 2015. This commitment will be partially executed through the existing Emissions Reduction Fund (ERF). The ERF is a voluntary scheme introduced by the Australian Government (Government) that incentivises individuals and businesses to … Continue Reading
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