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Enforcement of the South Coast AQMD’s Warehouse Rule Is Coming

Two recent developments indicate that enforcement of California’s South Coast Air Quality Management District’s Warehouse Indirect Source Rule is coming soon. Two years ago, the South Coast Air Quality Management District (the “District”) adopted its Warehouse Indirect Source Rule – Rule 2305. The rule requires warehouse operators to account for truck trips to and from […]

Enviro Justice Org Wants to Sue Warehouses to Enforce South Coast AQMD’s Warehouse Indirect Source Rule

Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina counties.  The rule requires warehouse operators to account for truck trips to and from their facilities and mitigate the resulting diesel […]

EPA Orders Derailment Clean Up

by Patrick J. Paul On February 21, 2023, less than three weeks after a Norfolk Southern train derailment in East Palestine, Ohio, less than a mile from the Pennsylvania border, EPA issued a 77 page Unilateral Order to the company requiring it to remediate the chemicals spilled.  EPA had previously sent the railroad a letter […]

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USEPA Proposes New Particulate Matter Air Quality Standard

by Amanda Reeve The U.S. Environmental Protection Agency (USEPA) announced on January 6, 2023, that it is proposing to modify the National Ambient Air Quality Standard (NAAQS) for Fine Particulate Matter (PM2.5).  The current annual primary (health-based) NAAQS for PM2.5 is set at 12.0 micrograms per cubic meter of air (µg/m3); but it could soon […]

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AR
Environmental & Regulatory Policy Advisor

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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Phoenix City Council Approves Police Drone Purchase

by Patrick J. Paul On February 16, 2022, less than a week after nine Phoenix police officers were injured in a fatal standoff in South Phoenix, the City Council by a 6-3 vote, approved more than $500,000 in expenditures on behalf of the Phoenix Police Department to purchase drones and to develop a program to […]

Environmentalists File Notice of Intent to Sue Regarding Regional Haze

by Amanda A. Reeve On February 7, 2022, Sierra Club, et al. filed a Notice of Intent to File Suit (“NOI”) over  the Unites States Environmental Protection Agency’s (“USEPA”) supposed failure to perform its duties under the Clean Air Act (“CAA”) to timely “make statutory completeness determinations and findings of failure to submit Regional Haze […]

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AR
Environmental & Regulatory Policy Advisor

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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Ninth Circuit Court of Appeals Hands EPA and Arizona a Victory

by Luke Narducci, Mike Ford, and Amanda Reeve On January 9, 2020, the Arizona Center for Law in the Public Interest (“ACLIPI”), on behalf of several individuals, filed with the Ninth Circuit Court of Appeals (“Court”) a Petition for Review (“Petition”) of the United States Environmental Protection Agency’s (“EPA”) determination of attainment for the 2008 Ozone […]

| 4 min read
AR
Environmental & Regulatory Policy Advisor

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