Feb 17, 2021

Environmental Groups File Suit to Overturn “Do Nothing” (Ozone Standards)

Ozone Quality

Environmental groups have sued the EPA to overturn its December 31st rule retaining Obama Era National Ambient Air Quality Standards (NAAQS) for ozone.  The suit alleges that the Trump EPA ignored science and mounting evidence that serious health harms occur due to ozone exposure at levels below the current NAAQS.  Litigation is likely to focus heavily on the truncated NAAQS review process used by the Trump administration which allegedly failed to properly analyze the latest science on health risk, resulting in a predetermined outcome favored by industry which did not propose tighter regulation.  The EPA, in its December rule, retained… Read more

Nov 24, 2014

Lifting of CSAPR Stay Could Reinstate Cap and Trade Air Pollution Rule

The D.C. Circuit Court of Appeals lifted its stay of EPA’s Cross-State Air Pollution Rule (CSAPR) on October 23, following the April 29 Supreme Court ruling affirming portions of the rule. The stay was lifted even though the D.C. Circuit is still considering challenges to CSAPR that were not addressed in its prior ruling, or in the Supreme Court case. Because the court did not also toll the January 1, 2015 compliance deadline for the first phase of CSAPR, there is uncertainty as to whether and how soon compliance must be achieved. CSAPR replaced the Bush-era Clean Air Interstate Rule… Read more