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.The settlement comes...
Clean Air Act
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...
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...
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...
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...
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...
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...