NSR Archives - Legal Planet

NSR

EPA’s Return to Bush-Era Clean Air Act Reforms Sacrifices Agency’s Duty to Protect Environment, Ignores the Law

Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment

As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset …

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The Clean Power Plan Replacement Comes With a Major Change to NSR (Part 1)

Important pre-construction environmental review for power plant modifications at risk

Last month, I discussed a proposal before the House Energy and Commerce Subcommittee on Environment to amend the Clean Air Act to weaken pre-construction review for modifications to equipment at large stationary sources. Since then, the Subcommittee voted H.R. 3128 out on a party line vote, and it’s currently waiting for the full House Energy …

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House Subcommittee Considering Clean Air Act Amendments to Weaken Bedrock of Stationary Source Permitting

Proposed changes to NSR could have significant impact on EJ communities

The House Energy and Commerce Subcommittee on Environment is currently considering amendments designed to weaken the New Source Review permitting program. The GOP proposal has been floating around since a discussion draft was released in May based on a bill introduced last year by Rep. Morgan Griffith (R-Va.), but seems to have flown under the radar until …

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Is EPA backtracking on Clean Air Act greenhouse gas regulation?

UPDATE: Cara discusses in this post some further developments that make the EPA’s plans more concrete, and concludes that the EPA is backtracking significantly from its proposed rule by delaying the timetable and by regulating fewer facilities. **** Last fall, our Environmental Protection Agency appeared to be on the verge of moving very quickly to …

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New EPA Greenhouse Gas Rulemaking Not Quite What it Seems

EPA is proposing to tailor the major source applicability thresholds for greenhouse gas (GHG) emissions under the Prevention of Significant Deterioration (PSD) and title V programs of the Clean Air Act (CAA or Act) and to set a PSD significance level for GHG emissions. This proposal is necessary because EPA expects soon to promulgate regulations …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

New This Thanksgiving: Toxic Turkey

Losing the farm to PFAS, or losing PFAS on the farm?

CPUC Should Set a Date for Closing Aliso Canyon

A proposed decision on the gas facility gives too much deference to SoCalGas regarding the future of gas demand and misses an opportunity to set a clear mandate.

NEPA and Loper Deference

The CEQ regulations will continue to receive deference. The question is how much.

A To-Do List For Biden

The clock is ticking, but there’s still time for a few important last things.

Trump-Proofing Time at the California Legislature?

Governor Newsom has called a special session for December 2nd. How can California lawmakers ensure California’s climate and environmental progress in the years ahead?

NEPA in the Supreme Court (Part III)

Our guide to understanding how causation applies for NEPA reviews.

This Big Oil Sponsorship Just Got Dirtier

The Dodgers do business with a company that’s been polluting LA neighborhoods — and the climate — for years. Now, Phillips 66 faces federal charges of illegal wastewater dumping.

NSR

Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment

Important pre-construction environmental review for power plant modifications at risk

Proposed changes to NSR could have significant impact on EJ communities

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

Some thoughts about how the Court should define some limits on indirect effects.

Lawmakers can use climate policies to alleviate some cost burdens. They should also resist the narrative that climate progress is driving affordability concerns.

Expect a lot of the same, but there could be some new twists.

The doctrine has been hailed by conservatives. But it may come back to bite them.

More than 500 Rights of Nature laws and policies have been passed globally. Here’s how to make sense of this nascent movement — or movements.

Guest contributor Justin Pidot outlines what losing CEQ’s NEPA authority means for interagency coordination and efficiency.

Contrary to myth, Congress has actually passed laws relating directly to climate change.

Representational sovereignty, Indigenous rights, and ecocide are all key to the climate obligations of states, write guest contributors Mollie Cueva-Dabkoski, Julia Phượng Nguyễn, and Molly-Mae Whitmey.

Losing the farm to PFAS, or losing PFAS on the farm?

The outcome of this year’s U.N. climate conference was depressing. But there was some notable news regarding global methane emissions commitments.

Losing the farm to PFAS, or losing PFAS on the farm?

A proposed decision on the gas facility gives too much deference to SoCalGas regarding the future of gas demand and misses an opportunity to set a clear mandate.

The CEQ regulations will continue to receive deference. The question is how much.

The clock is ticking, but there’s still time for a few important last things.

Governor Newsom has called a special session for December 2nd. How can California lawmakers ensure California’s climate and environmental progress in the years ahead?

Our guide to understanding how causation applies for NEPA reviews.

The Dodgers do business with a company that’s been polluting LA neighborhoods — and the climate — for years. Now, Phillips 66 faces federal charges of illegal wastewater dumping.

The election was largely a disaster. But we’ve also seen some positive developments.

Slower, less certain, and less equitable–with a new focus on local leadership

More than 500 Rights of Nature laws and policies have been passed globally. Here’s how to make sense of this nascent movement — or movements.