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Clean Air Act Archives

Tonawanda Coke Corporation Enters into a $12 Million Settlement with DEC and EPA for Alleged Violations of State and Federal Environmental Law

The U.S. Federal Government and the State of New York jointly announced on May 11, 2015 a $12 million settlement with Tonawanda Coke Corporation for a litany of alleged environmental violations at TCC's western New York coke manufacturing facility.

D.C. Circuit Gives EPA's Cross-State Air Pollution Rule the Green Light--For Now

The United States Court of Appeals for the District of Columbia Circuit has lifted a nearly three-year-old stay on EPA's Cross State Air Pollution Rule ("CSAPR"), a contentious rule designed to regulate air pollution that is generated in certain states and drifts downwind to others. EPA promises that CSAPR will create billions of dollars in public health benefits, but a number of states and industry groups maintain that the rule is too onerous.

EPA Authority to Regulate Greenhouse Gases Survives Supreme Court Scrutiny in UARG v. EPA

In environmental law, things aren't always what they seem at first blush. Hence, when the Supreme Court handed down its decision in Utility Air Regulatory Group v. EPA, 134 S. Ct. 1050 (2014) in June, both industry and EPA claimed victory. Given that the Court struck down EPA's interpretation of its authority under two specific provisions of the Clean Air Act, how could EPA claim a win? 

Supreme Court Broadly Construes EPA's Clean Air Act Authority

Confounding its critics for the seeming intrusion of politics into all of its decisions, on April 29, 2014, the Supreme Court issued its decision in the EPA v. EME Homer City Generation and American Lung Assn. v. EME Homer City Generation matters. In a 6-to-2 decision, the Court ruled to uphold EPA's Cross-State Air Pollution Rule, which requires increased emissions reductions from 27 continental upwind states. This is a major victory for EPA, and reinforces its authority to act under the Clean Air Act ("CAA") to combat climate change.

U.S. Supreme Court to Review EPA Regulation of Greenhouse Gases under the Clean Air Act

Go to the head of the class if you know the difference between CAFE standards and CAFO standards: in January of 2011, new corporate average fuel economy ("CAFE") standards went into effect, requiring all automobile manufacturers to curb the amount of greenhouse gases ("GHGs") emitted from the tailpipes of Model Year 2012 cars. These revised CAFE standards were jointly designed by the National Highway Traffic and Safety Administration and the Environmental Protection Agency ("EPA"), and issued under the motor vehicle program (Title II) of the Clean Air Act ("CAA"). Before this time, the annually-updated CAFE standards did not include a GHG curb, and GHGs were not regulated under any part of the CAA.

EPA Proposes Limits on Greenhouse Gas Emissions from Power Plants

On April 13, 2012, the US Environmental Protection Agency (EPA) published its proposed a draft New Source Performance Standard (NSPS) regulation under Section 111 of the Clean Air Act (CAA) that will cover carbon dioxide (CO2) emissions from new sources in the category defined as new "electric utility generating units," or EGUs.

Second Circuit upheld Southern Districts Preliminary Injunction barring application of the NYC Taxi Lease Cap Regulations

The Second Circuit recently ruled that the District Court for the Southern District of New York properly issued a preliminary injunction banning the City of New York ("City") from enforcing its new "lease cap" rules with regard to the maximum lease rates for taxi cabs. See Metropolitan Taxicab Board of Trade v. City of New York, Docket No. 09-2901-cv, 2010 U.S. App. LEXIS 15303 (2d Cir. July 27, 2010).

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