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On October 16, 2024, the U.S. Supreme Court (SCOTUS) declined to put a hold on a Clean Air Act (CAA) regulation for New Source Performance Standards (NSPS) that went into effect on July 8, 2024. The regulation addresses greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs) by: “The justices denied emergency requests […]
On October 21, 2024, the U.S. Supreme Court (SCOTUS) agreed to hear several EPA-related cases to determine which federal courts are the proper venues for specific EPA actions. The specific cases are: Although the Oklahoma and Pacificorp cases appear to be unrelated, they’ve been consolidated to determine “which courts can hear objections to a rejection […]
The EPA announced food producer Hiland Dairy Foods Company LLC of Norfolk, Nebraska, has agreed to pay a $93,107 civil penalty to resolve alleged violations of the federal Clean Air Act’s (CAA) chemical accident prevention provisions. According to the EPA, the company stores more than 10,000 pounds of anhydrous ammonia, a regulated toxic substance, and […]
After calling for more accessible public emissions records from Colorado, the EPA abruptly changed course and “proposed to rescind its previous directive that required the State of Colorado to collect and maintain critical air pollution data from the oil and gas industry,” states a Public Employees for Environmental Responsibility (PEER) press release. “A coalition of […]
On August 30, 2024, the EPA published a final rule for “National Emissions Standards for Hazardous Air Pollutants (NESHAP): Reciprocating Internal Combustion Engines and New Source Performance Standards (NSPS): Internal Combustion Engines; Electronic Reporting.” This amendment added electronic reporting provisions and made a small number of clarifications and corrections to these rules, as well as […]
On September 4, 2024, the EPA finalized its Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (CAA) rule. “This rule implements the [CAA] language that allows a ‘major source’ of hazardous air pollutants (HAP) to reclassify as an ‘area source’ after acting to limit emissions,” according to the […]
The EPA and the Department of Justice recently announced a settlement with Houston-based Marathon Oil Company, resolving Clean Air Act (CAA) violations at the company’s oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota. “The settlement requires that Marathon pay a civil penalty of $64.5 million, the largest ever for […]
In a 5-to-4 ruling delivered June 27, 2024, the U.S. Supreme Court (SCOTUS) delivered yet another blow to EPA authority when it placed the Agency’s “Good Neighbor” rule on hold. The “Good Neighbor” rule, also known as the “Cross State Air Pollution Rule” (CSAPR), was designed to cut pollution from power plants and other industrial […]
The EPA is reviewing comments on proposed revisions to the preconstruction permitting regulations that apply to modifications at existing major stationary sources in the New Source Review (NSR) program under the Clean Air Act (CAA). The proposed revisions include: The NSR program requires certain stationary sources of air pollution to obtain permits before construction. The […]
On June 28, 2024, the U.S. Supreme Court (SCOTUS) made history in issuing a landmark 6-to-3 ruling overturning a 40-year-old administrative law standard known as Chevron deference. The ruling opens the door for a tsunami of legal challenges to federal rulemaking. Federal regulations affect nearly every facet of daily life, from the cars we drive […]