2018: A Banner Year for Regulatory Developments on Ozone NAAQS
2018 is turning out to be a banner year for nationally applicable developments—both judicial and administrative—with regard to National Ambient Air Quality Standards (“NAAQS” or “Standards”) for ozone....
View ArticleWhy Should I Intervene?
EPA has finalized a regulation you can live with, but someone dissatisfied with that result has sued the Agency. Should you intervene to defend EPA’s action? Is it worth it? Does the court really...
View ArticleThe New NAAQS Review Process Begins to Take Shape
The US National Ambient Air Quality Standards (NAAQS) are the centerpiece of the US Clean Air Act (CAA) and establish allowable concentration levels for six “criteria air pollutants”: ozone,...
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Air Quality in the United States has Improved Dramatically since Enactment of...
Recent press reports note that air quality has improved worldwide and in the United States during the ongoing pandemic1. Shortly prior to the pandemic, though, stories lamented declining American air...
View ArticleEPA’s New Guidance Rule: Are Accessibility and Transparency Improved?
The United States Environmental Protection Agency recently published a final rule on “EPA Guidance; Administrative Procedures for Issuance and Public Petitions.” 85 Fed. Reg. 66,230 (Oct. 19, 2020)....
View ArticleEPA’s Finding that Wildfires Did Not Preclude NAAQS Attainment is Upheld
Last month, the Ninth Circuit Court of Appeals denied a petition for review brought by environmental non-governmental organizations (ENGOs) challenging EPA’s conclusion that the Phoenix-Mesa, Arizona...
View ArticleEPA Proposes Groundbreaking New Transport Rule for Ozone Air Pollution
On April 6, 2022, the United States Environmental Protection Agency (EPA) published a proposed rule in the Federal Register that would build on its existing Cross-State Air Pollution Rule (CSAPR)...
View ArticleHumane Society v. U.S. Department of Agriculture: Has the D.C. Circuit Done...
Beginning with the inauguration of Ronald Reagan in 1983, each newly inaugurated president from a different political party than his predecessor has ordered the withdrawal from the Office of the...
View ArticlePossible Stringent Secondary NAAQS Raise Implementation Questions
EPA sets and implements primary and secondary National Ambient Air Quality Standards (NAAQS) for six common air pollutants. Primary NAAQS protect the public health, while secondary NAAQS protect the...
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New Challenges to Permitting Under the Clean Air Act
Under the federal Clean Air Act, new major sources of air pollutants and major modifications to existing sources are required to obtain preconstruction permits, known as PSD permits, even when locating...
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