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EPA’s Clean Power Plan Struck Down by SCOTUS

by Michael C. Ford In 2015, EPA published a rule under the Clean Air Act (“CAA”) targeting coal-fired electricity generators designed to force their shift from coal generation to gas, solar and wind production.  The “Clean Power Plan” (“CPP”) rule was projected to reduce the reliance on coal for electricity generation from 38% (2014) to […]

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Supreme Court Grants Cert On GHG Regulation Of Power Plants

by Patrick J. Paul On January 19, 2021, the last full day of President Trump’s tenure at the White House, the D.C. Circuit Court of Appeals essentially said “good riddance” to Trump’s “ACE” (the Affordable Clean Energy Rule) in American Lung Association v. EPA, No. 19-1140 (D.C. Cir. 2021). More to the point, the D.C. […]

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Environmental Justice: A Focus in Air Toxics Data Reporting

by Lucas J. Narducci & Amanda A. Reeve We all have been waiting to see what new course or approach will be taken by the U.S. Environmental Protection Agency (“USEPA”) in regard to environmental justice.  Rather than a major new program or enforcement initiative, the recent declaration from USEPA in this area provides clarity and […]

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AR
Environmental & Regulatory Policy Advisor

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 2

by Sean M. Sherlock The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus is on emissions from the trucks that make deliveries and pickups at these facilities. Proposed Rule 2305 […]

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Viral Threat Emerges to the Vehicle Aftermarket Parts Industry

by Michael C. Ford The pre-pandemic portion of 2020 saw continued vigorous enforcement by EPA of Clean Air Act “defeat device” provisions against the vehicle aftermarket parts industry, including manufacturers and installers, as well as the emergence of a new and potentially viral threat: citizen suit enforcement. The first quarter of 2020 saw EPA finalize […]

Patience and Perseverance Paves the Way for Air-izona

by Amanda A. Reeve John Quincy Adams is credited with saying: “Patience and perseverance have a magical effect before which difficulties disappear and obstacles vanish.”  This is certainly apropos for Arizona in light of recent federal actions regarding two very critical and intertwined air regulatory issues: a decision rendered by the Ninth Circuit Court of […]

AR
Environmental & Regulatory Policy Advisor

ADEQ Director Testifies before Congress in Opposition to EPA Ozone Standard

by Patrick J. Paul On Thursday, April 14th, Arizona Department of Environmental Quality (ADEQ) Director Misael Cabrera testified before Congress regarding naturally occurring ozone levels in parts of Arizona making it impossible to comply with standards proposed last fall by the United States Environmental Protection Agency (EPA) seeking to reduce ozone. Cabrera was testifying in […]

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The Exceptional Events Rule is Finally Receiving a Makeover by the EPA

by Amanda Reeve Crowds watched in mute horror as Phoenix was rapidly overtaken by an ominous thick, dark cloud that swept from ground to sky.  Moving like a giant tidal wave across the Arizona skies, it appeared to be engulfing the sun above as it roared across the state.  The event left behind a brown […]

AR
Environmental & Regulatory Policy Advisor