On April 30, 2012, the Environmental Protection Agency (“EPA”) issued a final rule for the implementation of the 2008 National Ambient Air Quality Standards (“NAAQS”) for ground-level ozone. The final NAAQS rule identifies nonattainment areas, establishes nonattainment parameters and sets compliance deadlines for states to come into attainment.
EPA News
Court of Appeals hears Oral Argument on Cross-State Air Pollution Rule
By Troutman Pepper Locke on
Posted in Uncategorized
On Friday, April 13, 2012, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging EPA’s Cross-State Air Pollution Rule (“CSAPR”) (EME Homer City Generation v. EPA).
Oklahoma Attorney General and OG&E Seek Stay of EPA’s Regional Haze Rule
By Troutman Pepper Locke on
Posted in Uncategorized
On April 4, 2012, Oklahoma Attorney General, E. Scott Pruitt, filed a petition with the United States Court of Appeals for the Tenth Circuit (“10th Circuit”) on behalf of the state, Oklahoma Gas & Electric (“OG&E”), and Oklahoma Industrial Energy Consumers seeking a stay of the Environmental Protection Agency’s (“EPA”) Federal Implementation Plan (“FIP”) (or “regional haze rule”) for the state.
EPA Proposes Greenhouse Gas Performance Standards for Electric Generators
By Troutman Pepper Locke on
Posted in Uncategorized
On Tuesday, March 27, 2012, EPA proposed greenhouse gas (“GHG”) New Source Performance Standards (“NSPS”) for coal and natural gas combined cycle (“NGCC”) electric generation units (“EGUs”).
EPA Power Plant Regulations, Strategic Compliance and Grid Reliability Conference Discount
By Troutman Pepper Locke on
Posted in Uncategorized
Troutman Sanders is pleased to offer our clients and friends a $350 discount to Platt’s New EPA Power Plant Regulations, Strategic Compliance and Grid Reliability conference.
Court Dismisses Climate Change Tort Case
By Troutman Pepper Locke on
Posted in Uncategorized
In the wake of the Supreme Court’s decision in Connecticut v. AEP, a federal district court in Mississippi on Wednesday, March 21st, dismissed a re-filed case, the “Comer 2” case, seeking damages for the alleged tort of global warming.
No Change in EPA NO2 and SO2 Secondary Standards
By Troutman Pepper Locke on
Posted in Uncategorized
EPA last Wednesday, March 21st, issued a final determination to hold two air standards at existing levels – one for nitrogen dioxide (“NO2”) and one for sulfur dioxide (“SO2”).
EPA Tells Congress that Four Years is Enough for Mercury Controls
By Troutman Pepper Locke on
Posted in Uncategorized
In a hearing before a Senate subcommittee on Tuesday, March 20th, EPA’s top air official, Gina McCarthy, continued to maintain that utility companies will have plenty of time to install new pollution controls required by EPA’s recently promulgated mercury standards.
Supreme Court Authorizes CWA Pre-Enforcement Review
By Troutman Pepper Locke on
Posted in Uncategorized
In a unanimous decision, the United States Supreme Court on Wednesday, March 21, 2012 ruled that landowners whose property had been determined to be wetlands can sue the Environmental Protection Agency (“EPA”) prior to a formal enforcement action.
EPA Proposes to Maintain Current Greenhouse Gas Permitting Thresholds
By Troutman Pepper Locke on
Posted in Uncategorized
On February 27, 2012, EPA proposed not to change its greenhouse gas (“GHG”) permitting thresholds for the Prevention of Significant Deterioration (“PSD”) and Title V Operating Permit programs. Under the proposal, smaller emissions sources will continue to be exempt from obtaining a PSD permit, while larger GHG emissions sources will continue to require a PSD permit.