Clean Air Act (CAA)
In re Ajax Materials Corp.

Mr. Melvin Jones Jr. filed a petition for review with the Environmental Appeals Board (“Board”), followed by a number of other submissions, challenging the Michigan Department of Environment, Great Lakes, and Energy, Air Quality Division’s approval of a “Permit to Install” issued to Ajax Materials Corporation (“Ajax”), which authorizes Ajax to install and operate emission units at its facility located in Flint, Michigan. The permit states that it was issued in accordance with and subject to provisions of Michigan law.

In re MPLX

In April 2020, the U.S. Environmental Protection Agency Region 8 (“Region”) renewed a Clean Air Act Title V operating permit (“Permit”) authorizing MPLX to continue operating its Wonsits Valley natural gas compressor station (“Facility”) located in Indian country within the boundaries of the Uintah and Ouray Reservation in Utah.

In re Veolia ES Technical Solutions, L.L.C.

The American Bottom Conservancy (“Conservancy”) petitions the Environmental Appeals Board (“Board”) for review of a Title V permit (“2019 Permit”) issued by the U.S. Environmental Protection Agency Region 5 (“Region”) to Veolia ES Technical Solutions, L.L.C. (“Veolia”) under subchapter V of the Clean Air Act, 42 U.S.C. §§ 7661-7661f, and part 71 of title 40 of the Code of Federal Regulations. The 2019 Permit authorizes Veolia to operate its Sauget, Illinois, hazardous waste incinerator (“Facility”). The Region first issued a Title V permit for the Facility in 2008.

In re Taotao USA, INC., Taotao Group Co., Ltd., and Jinyun County Xiangyuan Industry Co., Ltd.

Taotao USA, Inc. (“Taotao USA”), Taotao Group Co., Ltd. (“Taotao China”), and Jinyun County Xiangyuan Industry Co., Ltd. (“Jinyun”) (collectively referred to as “Appellants”) appeal from an Initial Decision that Chief Administrative Law Judge (“ALJ”) Susan L. Biro issued holding these companies liable for violations of the Clean Air Act’s (“CAA”) mobile source program and assessing a civil penalty. The U.S.

Analyzing West Virginia v. Environmental Protection Agency
Author
Jordan Diamond, Kate Bowers, Kevin Poloncarz, Stacey Halliday, Lisa Heinzerling, Matt Leopold, and Vickie Patton
Author Bios (long)

Jordan Diamond is President of the Environmental Law Institute. Kate Bowers (moderator) is a Legislative Attorney with the Congressional Research Service. Kevin Poloncarz is a Partner at Covington & Burling LLP. Stacey Halliday is a Principal at Beveridge & Diamond PC. Lisa Heinzerling is a Professor of Law at Georgetown University Law Center. Matt Leopold is a Partner at Hunton Andrews Kurth LLP. Vickie Patton is General Counsel at the Environmental Defense Fund.

Date
October 2022
Volume
52
Issue
10
Page
10767
Type
Dialogue
Summary

On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly. It also has implications for administrative law generally, including how the U.S. Congress may delegate regulatory authority to any federal agency. On July 12, 2022, the Environmental Law Institute hosted a panel of experts that considered questions raised by the justices’ opinions, and discussed what the decision will mean for environmental law, administrative law, and EPA’s power to act on climate change.

H.R. 8773
Update Type
Committee Name
Committee on Energy and Commerce
Sponsor Name
LaMalfa
Sponsor Party Affiliation
R-Cal.
Issue
11
Volume
52
Update Issue
25
Update Volume
52
Congress Number
117
Congressional Record Number
168 Cong. Rec. H7738

would amend the CAA to repeal the waiver authority allowing California to enforce certain standards relating to federally regulated motor vehicle emissions.

H.R. 8395
Update Type
Committee Name
Committee on Energy and Commerce
Sponsor Name
Ocasio-Cortez
Sponsor Party Affiliation
D-N.Y.
Issue
9
Volume
52
Update Issue
21
Update Volume
52
Congress Number
117
Congressional Record Number
168 Cong. Rec. H6679

would amend the CAA to allow the Administrator of EPA, in identifying the best system of emission reduction for purposes of a standard of performance, to include measures that apply beyond an individual stationary source or category of stationary sources.

H.R. 8336
Update Type
Committee Name
Committee on Energy and Commerce
Sponsor Name
Lowenthal
Sponsor Party Affiliation
D-Cal.
Issue
9
Volume
52
Update Issue
20
Update Volume
52
Congress Number
117
Congressional Record Number
168 Cong. Rec. H5974

would amend the CAA to provide for the establishment of standards to limit the carbon intensity of the fuel used by certain vessels.

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