EPA entered into a proposed settlement agreement in Cleveland-Cliffs, Inc. v. Environmental Protection Agency, No. 16-2643 (8th Cir.), that would establish deadlines for EPA to take certain, specified actions regarding final rules promulgated by the Agency under the CAA related to regional haze best available retrofit technology determinations for taconite facilities in Michigan and Minnesota.
SIP Proposal: California (revisions concerning nonattainment fees for the 1979 one-hour ozone NAAQS in the Antelope Valley Air Quality Management District and Mojave Desert Air Quality Management District).
The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...
The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...
EPA promulgated new greenhouse gas emissions standards for model year (MY) 2032 and later heavy-duty highway vehicles that phase in starting as early MY 2027 for certain vehicle categories, updated discrete elements of the Averaging Banking and Trading program, and added warranty requirements for batteries and other components of zero emission vehicles.
EPA announced the availability of data on emission allowance allocations to certain units under the Cross-State Air Pollution Rule trading programs.
SIP Approval: California (revisions to nonattainment new source review requirements for the 2015 ozone NAAQS in the Feather River Air Quality Management District).
EPA made an interim final determination that the California Air Resources Board submitted a revised rule on behalf of the Antelope Valley Air Quality Management District and Mojave Desert Air Quality Management District that corrects deficiencies identified in its SIP provisions concerning rules submitted to address nonattainment fees for the 1979 one-hour ozone NAAQS.
The Mine Safety and Health Administration amended its existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants.
SIP Approval: Iowa (updates to incorporations by reference to methods for performance testing, updates to definitions, and adoption of most recent ozone NAAQS).