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Articles by David M. Loring
EPA Reinstates Emergency Affirmative Defense Provision Under Titl
On May 28, the US Environmental Protection Agency (EPA) issued a final rule that reinstates the longstanding emergency affirmative defense provision under the Clean Air Act’s Title V operating permit programs (the “Emergency AD” rule). The Emergency AD rule restores the regulatory text to both 40 C.F.R. § 70.6(g) (state operating permit programs) and 40 C.F.R. § 71.6(g) (the federal operating permit program), as those provisions existed before EPA removed them in a 2023 rulemaking.
How EPA's Audit Policy Can Benefit Compliance Focused Businesses
ArentFox Schiff are most popular: within Immigration and Real Estate and Construction topic(s) with readers working within the Healthcare, Pharmaceuticals & BioTech and Construction & Engineering industries The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.
How EPA’s Audit Policy Can Benefit Compliance Focused Businesses | JD Supra
The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities. The US Environmental Protection Agency’s (EPA) Audit Policy remains a powerful compliance tool available to regulated entities. General contours of the policy are summarized here.
Trump Administration Proposes Sweeping Environmental Regulatory Reforms to Accelerate US AI Infrastructure Development | JD Supra
The Trump Administration has proposed implementing a broad range of regulatory changes in order to promote the development of artificial intelligence (AI) in the United States. Here, we discuss the environmental implications of the White House’s proposed plans on various industrial sectors, including electric power generation and transmission, data centers, and semiconductor manufacturing.
Supreme Court Clarifies Venue Rules for Clean Air Act Challenges | JD Supra
US Supreme Court Clean Air Act (CAA) decisions often result in big-picture changes to administrative law. Two CAA decisions this term deal with CAA’s venue-related provisions which specify where cases challenging US Environmental Protection Administration (EPA) determinations can be filed. These rulings — EPA v. Calumet Shreveport Refining, L.L.C. and Oklahoma v. EPA — resolve longstanding confusion over whether such cases belong in the DC Circuit or regional federal appellate courts.
New SCOTUS Case Involving Venue For Clean Air Act Challenges Matters To Your Business
While a dispute over the Clean Air Act's (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may perpetuate judicial efforts to reshape administrative law. This week, the Supreme Court agreed to reviewOklahoma v. EPA and PacificCorp v. EPA, both arising out of the Tenth Circuit, and EPA v. Calumet Shreveport which originated in the Fifth Circuit.
High Stakes In Justices' Review Of Clean Air Act Venue Fights
By J. Michael Showalter and David Loring ( October 28, 2024, 5:03 PM EDT) -- While disputes over the Clean Air Act's venue provision may seem arcane, a forthcoming U.S. Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may perpetuate judicial efforts to reshape administrative law.... Law360 is on it, so you are, too.
New SCOTUS Case Involving Venue for Clean Air Act Challenges Matters to Your Business | JD Supra
While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may perpetuate judicial efforts to reshape administrative law. This week, the Supreme Court agreed to reviewOklahoma v. EPA and PacificCorp v. EPA, both arising out of the Tenth Circuit, and EPA v. Calumet Shreveport which originated in the Fifth Circuit.
Illinois Passes Comprehensive Law Governing Carbon Capture, Utilization and Sequestration Projects in Illinois | JD Supra
On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation. CCUS involves the capture of carbon dioxide directly from ambient air or uses processes to separate carbon dioxide from industrial or energy-related sources, either for use or for underground injection for long-term storage.
Illinois Passes Comprehensive Law Governing Carbon Capture, Utilization and Sequestration Projects in Illinois
On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation. CCUS involves the capture of carbon dioxide directly from ambient air or uses processes to separate carbon dioxide from industrial or energy-related sources, either for use or for underground injection for long-term storage.
Illinois Passes Comprehensive Law Governing Carbon Capture, Utilization and Sequestration Projects in Illinois
On The Safety and Aid for the Environment in Carbon Capture and Sequestration Act (SAFE CCS Act), establishes, among other requirements, protections for pore space owners, additional requirements for CO2 pipeline development, and a permitting program for sequestration projects. CCUS projects not grandfathered from the SAFE CCS ACT will now need to adhere to Illinois state sequestration requirements in addition to existing federal regulations.
Loring Quoted on EPA's New Rule Pressuring Decisions on Coal Plant Futures
David explained that due to the time required to secure permits and implement Carbon Capture and Storage (CCS), as well as the obligation for states to submit compliance plans within two years of the final guidelines being published, the EPA is pressuring coal plant owners to make decisions about the future of their plants.
Loring Quoted on DC Circuit Reversal of EPA SIP Vetoes
The court ruled that the state exceptions weren’t necessarily illegal and added that the EPA had to formally qualify an “emission limitation” before vetoing the state implementation plan (SIP) provisions. That said, David noted that even if the EPA does make such a finding and incorporates it into a future SIP veto, the decision won’t automatically be immune from litigation.
Eight Issues That Will Impact the Hospitality Industry in 2024 | JD Supra
After seemingly bouncing back from the challenges posed by the COVID-19 pandemic and related labor, supply chain, and governmental mandate issues, the hospitality industry experienced a year of volatility in 2023, with slackening growth, fraught debt markets, increasing supply and labor costs, and declining real estate values making it a challenging year.
Environmental Justice Update: Seven Lessons from Louisiana | JD Supra
Environmental justice (EJ) issues continue to feature prominently in national headlines in 2024. Below, we unpack two Louisiana EJ-focused court decisions and outline seven takeaways for the regulated community. Read together, the decisions emphasize that while EJ concerns can be factored into an analysis, regulators do not have carte blanche to take any imaginable action to address perceived EJ issues.
Final Draft of EU AI Act Leaked
Skip to main content February 02, 2024 Volume XIV, Number 33 Legal Analysis. Expertly Written. Quickly Found. Trending News Final Draft of EU AI Act Leaked Print Mail Download i On January 22, 2024, a draft of the final text of the EU Artificial Intelligence Act (“AI Act”) was leaked to the public. The leaked text substantially diverges from the original proposal by the European Commission, which dates back to 2021.
Environmental Justice Update: Seven Lessons from Louisiana
Off Read together, the decisions emphasize that while EJ concerns can be factored into an analysis, regulators do not have carte blanche to take any imaginable action to address perceived EJ issues. Background The US Environmental Protection Agency (EPA) has prioritized EJ issues since the Biden Administration took office and it continues to be a regulatory priority.
The Future of Carbon Dioxide Capture, Transportation and Sequestration in Illinois: Illinois’ Safety and Aid for the Environment in Carbon Capture and Sequestration Act | ArentFox Schiff
In July 2024, Illinois became one of the first states to pass comprehensive legislation governing all aspects of the capture, transportation, and sequestration of carbon dioxide. The “Safe CCS Act” establishes new requirements governing the acquisition of pore space, clarifies liability associated with carbon sequestration activities, broadens the regulation of CO2 pipelines and creates new permits governing the capture and the sequestration of CO2.
Meeting New Challenges: Environmental, Energy, and ESG Issues to Watch in 2024 | JD Supra
The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to navigate the changing environment. While these challenges may not be new, their significance continues to grow. We recently released our 2023 “Top 10” lists for Environmental & Energy and ESG, outlining the biggest challenges we encountered last year.
Meeting New Challenges: Environmental, Energy, and ESG Issues to Watch in 2024
Off While these challenges may not be new, their significance continues to grow. We recently released our 2023 “Top 10” lists for Environmental & Energy and ESG, outlining the biggest challenges we encountered last year. Below, we summarize nine issues likely to surface as we head into 2024. The Biden Administration’s Fall 2023 regulatory Unified Agenda was released December 6.
Environmental Justice Update: Louisiana Decision Upholds Use of EPA Emergency Powers | JD Supra
Louisiana has been at the center of the Biden Administration’s prioritization of environmental justice (EJ) issues. In United States v. Denka Performance Elastomer, the Eastern District of Louisiana granted a motion by the federal government to dismiss various arguments offered by Denka to shut down federal arguments that chloroprene emissions from a Denka facility posed an “imminent danger” to public health in nearby communities.
EPA Removes Emergency Affirmative Defense for Title V Air Permits | JD Supra
On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under Title V of the Clean Air Act. The final rule follows in the footsteps of EPA’s removal of the startup, shutdown, and malfunction relief previously afforded to sources.
EPA Removes Emergency Affirmative Defense for Title V Air Permits
On July 21, 2023, the US Environmental Protection Agency (EPA) issued a long-awaited final rule that will make it difficult for sources to continue to rely on an “emergency” to avoid liability for permit violations under Title V of the Clean Air Act. Off The final rule follows in the footsteps of EPA’s removal of the startup, shutdown, and malfunction relief previously afforded to sources.
Environmental Justice Update: Four Issues to Watch in Spring 2023 | JD Supra
The onslaught of environmental justice-related reforms has continued in early 2023. Below, we will outline four issues to keep an eye on in the coming quarter. To recap, we spent much of 2022 cataloging developments, including providing end-of-year lessons from the Environmental Protection Agency’s (EPA) 2022 efforts in the environmental justice (EJ) space and on what regulated entities can do to manage risks in the permitting and compliance space.
Environmental Justice Update: Four Issues to Watch in Spring 2023
The onslaught of environmental justice-related reforms has continued in early 2023. Below, we will outline four issues to keep an eye on in the coming quarter. Off To recap, we spent much of 2022 cataloging developments, including providing end-of-year lessons from the Environmental Protection Agency’s (EPA) 2022 efforts in the environmental justice (EJ) space and on what regulated entities can do to manage risks in the permitting and compliance space.
Environmental Justice Update: EPA Air Office Releases EJ Guidance for Air Permitting | JD Supra
How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of Air and Radiation’s guidance engages with the question without providing definitive procedures.
Environmental Justice Update: Five End-of-Year Lessons from EPA's 2022 Efforts | JD Supra
The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver touching permitting, rulemaking, civil-rights investigations and policy-setting across all sectors of environmental law, including those at the state and local governments.
Environmental Justice Update: EPA Issues Initial Findings Regarding Louisiana Civil Rights Complaints | JD Supra
In a recent US Environmental Protection Agency (EPA) letter issued to the Louisiana Department of Environmental Quality (LDEQ) and the Louisiana Department of Health (LDH), the Biden Administration deploys its plans to use the “whole of government” to address what it believes are long-standing civil rights concerns which are either outside or incompletely remedied by traditional environmental statutes like the Clean Air Act, Clean Water Act, or CERCLA.
New Incentives Under the 2022 Inflation Reduction Act to Jump Start Deployment of Carbon Sequestration and Expand Clean Fuel Development | JD Supra
This week, President Biden signed legislation designed to infuse billions of dollars into the economy to promote clean energy, manufacturing, and construction through a wide array of tax incentives and grants. Among a host of other technologies, carbon capture and sequestration (CCS) – the act of capturing carbon dioxide (CO2) from emitting sources, liquefying the stream, and injecting the carbon dioxide into geologic strata such as saline layers far underground – will see a boost.
Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector” | JD Supra
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v EPA holds that Section 111 of CAA does not grant plenary authority to EPA to address GHGs from power plants in the manner EPA proposed, which required shifting generation from existing sources to new, zero-emitting GHG sources.
Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v EPA holds that Section 111 of CAA does not grant plenary authority to EPA to address GHGs from power plants in the manner EPA proposed, which required shifting generation from existing sources to new, zero-emitting GHG sources.
TCEQ Approves Changes to Compliance History Rules Focused on Industrial Incidents
Prompted by several emergency events, as previously reported, on June 1, 2022, the Texas Commission on Environmental Quality (TCEQ) adopted revisions to the compliance history rules to authorize the executive director to reclassify a site’s compliance history if an “exigent circumstance” exists.
Air & Waste Management Association 2024 Annual Air Conference
Date & Time Location Oakbrook Terrace, IL Event Type Conference Add to Calendar Disabled Environmental Partner David M. Loring will serve as co-chair at the A&WMA’s 2024 Annual Air Conference in Oakbrook Terrace, IL, on October 15. As co-chair, David will provide opening remarks and introduce the speakers.
Chevron Agrees to Fenceline Monitoring at Three Texas Plants in DOJ Settlement | JD Supra
The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda. One of the tools it has deployed is “fenceline monitoring” where perimeter monitors are used to assess whether industrial operations impact the community adjacent to their operations.
Chevron Agrees to Fenceline Monitoring
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
EPA Lifts 18-Year Stay on Formaldehyde Emissions Standards for Gas Turbines | JD Supra
On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines. The turbines at issue, new lean premix gas-fired turbines and new diffusion flame gas-fired turbines, are primarily used in energy and chemical plants.
EPA Lifts 18-Year Stay on Formaldehyde Emissions Standards for Gas Turbines
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
EPA Expands the List of Clean Air Act Hazardous Air Pollutants
On January 5, EPA added 1-bromopropane (1-BP), which is also called n-propyl bromide, to the list of Hazardous Air Pollutants (HAP) under the federal Clean Air Act. 1-BP is used as a substitute for other HAPs in dry cleaning and other industries. This marks the first addition to the list since it was established as part of the 1990 Clean Air Act Amendments.
Changes to PCB Remediation
November 09, 2021 FTC To Focus Enforcement Efforts on Dark Patterns by: Liisa M. Thomas and Harrison Schafer Stop the Presses: DOJ Sues to Prevent Monopsony Resulting from... by: Joseph M. Miller and Tinny T. Song OFCCP Publishes Proposal to Rescind Religious Exemption Rule by: Guy Brenner and Megan A. Childs Russia-Linked REvil Hackers and Their Affiliates Hit with Arrests by...
EPA Oil and Gas VOC & Methane Emissions Regulation Expansion
November 09, 2021 FTC To Focus Enforcement Efforts on Dark Patterns by: Liisa M. Thomas and Harrison Schafer Stop the Presses: DOJ Sues to Prevent Monopsony Resulting from... by: Joseph M. Miller and Tinny T. Song OFCCP Publishes Proposal to Rescind Religious Exemption Rule by: Guy Brenner and Megan A. Childs Russia-Linked REvil Hackers and Their Affiliates Hit with Arrests by...
EPA Reinforces Position that Certain Types of ECM Changes in Road-Certified Vehicles Constitute “Tampering” Under the Clean Air Act
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
EPA Reinforces Position that Certain Types of ECM Changes in Road-Certified Vehicles Constitute “Tampering” Under the Clean Air Act
The U.S. Environmental Protection Agency (EPA) recently progressed its effort to stymie the aftermarket tuning of vehicles used for racing and competition in a complaint alleging that Gear Box Z violated the Clean Air Act by selling certain types of aftermarket software that modifies the engine control module (ECM), among other practices.
EPA Issues Proposed Rule Intended to Increase Transparency and Public Participation Related to Agency Guidance Documents
On May 19, 2020, the Environmental Protection Agency (EPA) Administrator signed a proposed rule entitled “EPA Guidance; Administrative Procedures for Issuance and Public Petitions” that provides guidance and procedures for regulatory documents issued by the agency. The proposed rule purports to address concerns from the regulatory community that guidance documents were sometimes used to modify legal obligations which should only be imposed by statute or formal regulations.
Environmental Compliance Relief and Requirements During Shelter-in-Place Mandate
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Environmental Compliance Relief and Requirements During Shelter-in-Place Mandate
No single answer exists for how the regulated community is expected to meet their environmental obligations or address potential delays in environmental compliance, especially amidst shelter-in-place orders in several states due to the COVID-19 pandemic. However, relief from environmental obligations during this pandemic may be available under certain environmental laws and legal obligations.
Tips for Satisfying the Illinois Cannabis License Application Environmental Plan
Illinois’ new cannabis legislation legalizing recreational cannabis is lauded as the “greenest in the nation” for its integrated environmental protections. The act’s energy efficiency, water conservation, and waste reduction requirements set the bar high for Illinois cannabis cultivators, transporters, and dispensaries.
EPA Proposes to Clarify Areas Excluded from Clean Air Act’s Definition of “Ambient Air”
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
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