This guidance used to be just a glimmer in the commission’s eye. But as of May 17th, it’s official. That’s when FERC released its Policy Statement on the Commission’s Role Regarding the Environmental Protection Agency’s Mercury and Air Toxics Standards. The Policy Statement specifically explains how FERC will provide advice to the EPA for it [...]
Archive for the ‘Clean Air Act’ Category
19 Apr
“In response to a court deadline…”
“In response to a court deadline,” the EPA yesterday finalized the long-awaited (and long-dreaded, by some) rules that aim to reduce air pollution from the oil and natural gas industry, including setting “the first federal air standards” for natural gas wells that are hydraulic fractured. According to the EPA, these rules are expected “to yield [...]
31 Jan
FERC Waxes Poetic on Advising EPA about MATS Extensions
The same day that the EPA released the final rule on Mercury and Air Toxics Standards (MATS) for power plants, it also published a Policy Memorandum outlining how it intended to handle requests for extensions in complying with the new rule. Yesterday, FERC announced how they intended to give the EPA a hand. Section 112(i)(3) [...]
4 Aug
Proposed EPA Amendments under the Clean Air Act and the Impact on Hydraulic Fracturing Operations
The folks over at Fulbright & Jaworski must have put in quite a few hours poring over the 604-page proposed rule released by the EPA last Thursday – the law firm’s Briefing on the topic is anything but brief. The EPA’s proposal describes how the EPA will address “the reviews of the new source performance [...]
2 Aug
Dow Chemical Company Coughs Up a $2.5 Million Civil Penalty
Late last week, the EPA announced that Dow Chemical Company, after 5+ years of investigations and inspections, violations and corrections, has finally settled with both the EPA and the Department of Justice, agreeing to pay a $2.5 million civil penalty for alleged violations of the Clean Air Act, Clean Water Act and the Resource Conservation [...]
26 Jul
D.C. Circuit to EPA: Guidance No Substitute for Cold, Hard Rulemaking
Seattle-based Marten Law walks us through the EPA’s recent headbutt with the Natural Resources Defense Council (NRDC), as the agency tried to defend its actions with regards to Section 185 of the Clean Air Act (CAA). The struggle ended July 1, 2011, when the D.C. Circuit Court of Appeals vacated a Section 185 guidance document [...]
22 Jun
Questionable Victory for the EPA in Supreme Court Ruling
File under ‘I don’t know how to feel.’ American Electric Power Co., Inc. v. Connecticut, a lawsuit presented on Monday by six states, the city of New York, and several land trusts, was rejected unanimously (8-0) by the US Supreme Court, reversing the decision of the 2nd Circuit. The lawsuit, which was first filed in [...]
27 May
Compliance During Inclement Weather
While tornadoes dominate headlines, the EPA is looking forward a few weeks to the onset of hurricane season. As if your personal safety weren’t enough to look out for, a recent EPA news release reminds us that extra precautions should be taken to minimize chemical releases associated with natural disasters. This is not only a [...]
9 May
Last Week in Environmental Contingencies and Proceedings Disclosure – Clean Air Act Edition!
As we’ve posted in the past, public companies must generally disclose material legal proceedings in their annual and quarterly reports to the SEC. Today we’ve pulled some disclosures of environmental liabilities from recent filings of interest, focusing on investigations under and violations of the Clean Air Act or “CAA” (42 USC §7401 et seq.). CF [...]
7 Mar
EPA Boils Down Final Rules to Bare Essentials, Conservative Groups Still Emitting Concerns
In April 2010, after three years of delayed litigation, the EPA released its proposed Boiler MACT (Maximum Achievable Control Technology) rules that would govern emission standards for commercial, institutional and industrial boilers, solid-waste incinerators, and furnaces. The rules, long-awaited by environmental groups and clean-air industries alike, aimed to make significant cuts to emissions of hazardous [...]
