89 FR 36870
EPA proposed revisions to the preconstruction permitting regulations that apply to modifications at existing major stationary sources in the new source review program under the CAA.
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Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement
The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.
Clearing the Air on Supplemental Environmental Projects
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.
89 FR 35091
EPA entered into a proposed settlement agreement under the CAA in Nevada Cement Co., LLC v. EPA, Nos. 23-682 and 23-1098 (9th Cir.), that would establish a process and deadlines by which plaintiff would apply to EPA for a case-by-case emissions limit request for its Fernley, Nevada, facility, in exchange for agreeing to lift a judicial stay.
89 FR 34137
SIP Approval: New Hampshire (revisions to establish nitrogen oxide reasonably available control technology requirements for coal-fired cyclone boilers).
89 FR 34178
SIP Proposal: California (revisions to San Diego County Air Pollution Control portion of plan to expand existing provision that exempts tub grinders and trommel screens that process green material from permit requirements to include horizontal grinders and processing of mixtures of green material and food material).
89 FR 33232
SIP Approval: New Hampshire (amendments to motor vehicle inspection and maintenance program regulation).
89 FR 32387
EPA proposed to approve a CAA §111(d)/129 state plan submitted by South Carolina for implementing and enforcing the emissions guidelines applicable to existing commercial and industrial solid waste incineration units.
89 FR 31802
EPA amended specific provisions in the Greenhouse Gas Reporting Rule to improve data quality and consistency.
89 FR 31647
EPA approved a request from the New Jersey Department of Environmental Protection for delegation of authority to implement and enforce the federal plan requirements for municipal solid waste landfills that commenced construction on or before July 17, 2014, and have not been modified or reconstructed since July 17, 2014.