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In a majority opinion, a panel of the U.S. Court of Appeals for the 9th Circuit found that Oregon state violated neither the dormant Interstate Commerce Clause nor a provision of the federal Clean Air Act (CAA) when it assigned a carbon intensity value to transportation fuels produced out of state and imported into Oregon, […]
This summer saw three important actions in the EPA’s implementation of the Clean Air Act’s (CAA) Renewable Fuel Standard (RFS). First, in June, the Agency proposed its renewable fuel percentage standards for 2019 and for 2020 for biomass-based diesel. Second, several days later, the EPA issued its second report to Congress on the environmental and […]
The National Highway Traffic Safety Administration’s (NHTSA) and the EPA’s proposed amendments (August 24, 2018, Federal Register (FR)) to regulations governing corporate average fuel economy (CAFE) standards (NHTSA) and greenhouse gas (GHG) emissions (EPA) for model years (MYs) 2021–2026 passenger cars and light trucks will likely face legal challenges should the agencies promulgate final rules […]
Stating that the Trump EPA cannot use a general provision of the Clean Air Act (CAA) to negate a specific provision of the Act, a panel of the U.S. Court of Appeals for the D.C. Circuit vacated an Agency final rule that sought to delay by 20 months the effective date of the Obama EPA’s […]
A panel of the U.S. Court of Appeals for the D.C. Circuit denied an industry petition that sought to compel the EPA to issue nationally uniform regulations to resolve differences created by inconsistent decisions by regional federal circuit courts. Generally, the panel found that the Clean Air Act (CAA) section the petitioners relied on to […]
On April 30, 2018, the EPA issued a rule with final designations under the Clean Air Act’s (CAA) National Ambient Air Quality Standards (NAAQS) for ozone for almost all U.S. counties not previously designated.
In one of its major end-of-year actions, the EPA on Wednesday released its final renewal fuel standards (RFS) for 2017 and, for biomass-based diesel, for 2018. The Agency increased the RFS percentages across all categories of biofuels, an action that was welcomed by RFS advocates and criticized by the petroleum industry as burdening consumers with […]
In one of its major end-of-year actions, the EPA on Wednesday, released its final renewal fuel standards (RFS) for 2017 and, for biomass-based diesel, for 2018. The Agency increased the RFS percentages across all categories of biofuels, an action that was welcomed by RFS advocates and criticized by the petroleum industry as burdening consumers with […]
We recently encountered a list of the 10 most common Clean Air Act (CAA) violations, which included failure of facilities to track the loss of regulated refrigerants from equipment. (Seven of the other violations relate to permits.) In fact, tracking the loss of a refrigerant and recordkeeping in general are major responsibilities under EPA’s refrigerant […]
A U.S. district court judge in West Virginia has ordered the EPA to meet the requirement in Section 321(a) of the Clean Air Act (CAA), which states that the Agency “shall conduct continuing evaluations of potential shifts in employment” and “threatened plant closures and reductions in employment” resulting from “administration or enforcement” of the Act. […]