Litigation concerning the ozone air quality standards that EPA adopted in 2015 has been placed in abeyance, as the Trump administration decides whether to reconsider the standards. The standards remain in effect, however, and statutory implementation deadlines are approaching. What are those deadlines and what options exist for staying the standards until after any reconsideration proceedings are completed?
Continue Reading National Ambient Air Quality Standards for Ozone: With Litigation in Abeyance, What Now?

The U.S. Environmental Protection Agency (EPA) published the Cross-State Air Pollution Rule “Update” for the 2008 national ambient air quality standards for ozone – the so-called CSAPR Update Rule – on October 26, 2016.  81 Fed. Reg. 74504.  The CSAPR Update Rule regulates emissions of nitrogen oxides (NOx) from power plants located in 22 states in the eastern half of the country by establishing statewide ozone-season NOx emission budgets scheduled to take effect beginning May 1, 2017.  (Under the Clean Air Act, the regulatory “ozone season” runs from May 1 through September 30 each year.)

Continue Reading States, Industry Parties, and Environmental Groups Challenge EPA’s Latest Interstate Air Emissions “Transport” Rule in D.C. Circuit Litigation