Environmental Law Update: Significant New Clean Air Act Developments – What You Need to Know

Greenhouse Gas (GHG)

• June 18, 2014 — EPA published proposed greenhouse gas “GHG” rules for existing and modified power plants based on several untested legal theories. The proposed rules are estimated by EPA to cost approximately $8 billion per year.


• June 23, 2014 — The U.S. Supreme Court issued its “UARG” opinion rejecting in part and upholding in part EPA’s PSD rules for GHGs.

Maximum Achievable Control Technology (MACT)

• April 15, 2014 — The D.C. Circuit upheld EPA’s mercury air toxics standards (MATS) for power plants, which are estimated by EPA to cost approximately $9 billion per year.


• April 18, 2014 — The D.C. Circuit upheld EPA’s standards for portland cement kilns, rejecting positions of several public interest groups that could have had severely adverse, industry-wide impacts. However, the Court vacated EPA’s “affirmative defense for malfunctions” provisions as unauthorized by the CAA.


• June 17, 2014 — Public interest groups petitioned EPA to remove “affirmative defense” provisions in all of the various industry MACT rules issued in the last few years by EPA, in light of the D.C. Circuit’s April 18, 2014 portland cement case ruling.

Additional CAA Developments

• April 29, 2014 — The U.S. Supreme Court issued its opinion on the Cross-State Air Pollution Rule implementing the CAA “good neighbor” provision for states. However, not all issues were resolved, and a new briefing will soon be proceeding in the D.C. Circuit. And on June 26, 2014, EPA filed a motion asking the D.C. Circuit to dissolve the currently effective stay on implementation of the Cross-State Rule.


• May 30, 2014 — The D.C. Circuit vacated an EPA enforcement memorandum seeking to limit the effectiveness of a recent 6th Circuit opinion to only 6th Circuit states. The 6th Circuit opinion had rejected EPA’s position on “aggregation” for determining new source review triggers.

Panelists
Brian H. Potts, Partner, Foley & Lardner LLP
Richard G. Stoll, Partner, Foley & Lardner LLP
Mark A. Thimke, Partner, Foley & Lardner LLP

About the Environmental Law Update Web Conference Series
Foley’s Environmental Law Update Web Conference Series provides participants with needed information in the most efficient manner possible — only a telephone line and Internet access are required to participate. Environmental leaders can stay up-to-date with timely information from anywhere in the nation.

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CLE
Foley & Lardner LLP will apply for CLE credit after the program, wherever applicable. Foley & Lardner LLP certifies that this activity has been approved for California MCLE credits by the State Bar of California in the amount of one General credit. Foley & Lardner LLP is a State Bar of California MCLE approved provider. Please note that participants must log in to both the teleconference and Adobe Connect portions on the date of the event; credit may not be obtained by viewing and/or listening to a program recording after the event. If you would like to request CLE credit for this program, please provide the CLE two-character state abbreviation and bar number in the designated area on the registration page.

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Those seeking Kansas, New Jersey, and New York CLE credit are required to complete this form. Please be sure to enter the four-digit code that will be provided during the presentation. Send the original form to Jennifer Bartz at [email protected].

We look forward to having you join us. For more information on registration, Web conference log-in assistance, or to obtain CLE credit, please contact Jennifer Bartz at [email protected].