Latham's Clean Energy Law Report

Tag Archives: Clean Air Act

California Continues to Drive Toward Lower NOx Standards for Heavy-Duty Diesels

By Arthur Foerster and Jamie Friedland On January 12, 2018, the California Air Resources Board (CARB) will conduct a public workshop regarding CARB staff’s potential amendments to California’s heavy-duty vehicle (HDV) emission warranty requirements. According to CARB staff, the workshop will focus on potential changes to Title 13, California Code of Regulations, Section 2036, and … Continue Reading

President Trump Takes First Step on Long Road to Roll Back Climate Rules

Claudia O’Brien, Bob Wyman, Joel Beauvais, Stacey VanBelleghem, Bridget Reineking, and Kimberly Leefatt have authored an article entitled President Trump Takes First Step on Long Road to Roll Back Climate Rules. On March 28, 2017, President Donald Trump signed an executive order (EO) directing executive departments and agencies to review regulations that potentially burden the … Continue Reading

Navigating Climate Regulation on Dual Tracks: Experts Discuss the Promises and Pitfalls of AB 32 and the Clean Air Act

By Andrew H. Meyer The United States has no comprehensive climate legislation for regulating greenhouse gas (GHG) emissions.  But in recent years, the Environmental Protection Agency (EPA) has acted under its existing Clean Air Act (CAA) authority to regulate GHG emissions from mobile sources, and is in the process of formulating and finalizing a number of … Continue Reading

Opposition to the Startup, Shutdown & Malfunction Rule Cites EPA’s Breach of Cooperative Federalism Principles and Private Deal-Making with Sierra Club

By Claudia O’Brien and Karl Karg In the wake of EPA’s proposed rule to force 36 states to revise their state implementation plans (SIPs) to control emissions during periods of startup, shutdown and malfunction (SSM Rule), a number of states filed comments objecting to EPA’s approach as heavy-handed and contrary to the cooperative federalism scheme … Continue Reading

Expansive Interpretation of Strict Liability Under the Migratory Bird Treaty Act Takes Flight to the Fifth Circuit

By Buck B. Endemann and Taiga Takahashi In a previous report, we discussed United States v. Brigham Oil & Gas, L.P.,[1] where the court dismissed several misdemeanor charges under the MBTA against three oil and gas companies that conducted drilling operations in North Dakota, because the underlying activities were lawful, commercial activities. In United States … Continue Reading

House Passes Bill to Resolve Conflict Between the Clean Air Act and Federal Power Act

by David Pettit On August 1, 2012, the U.S. House of Representatives passed the Resolving Environmental and Grid Reliability Conflicts Act of 2012 (H.R. 4273) with broad bipartisan support to address the unenviable position of power plants that could become subject to liability under the Clean Air Act for complying with an order to operate … Continue Reading