(1) Government's petition for rehearing or rehearing en banc in the CAIR case in the D.C. Circuit filed on September 24, 2008
CAIR Rehearing Petition as Filed

(2) Portland Cement NSR Consent Decree
September 8, 2008 Consent Decree dealing with alleged NSR violations that EPA entered into with a cement manufacturer. In press materials, EPA states that this is its first settlement in its portland cement NSR initiative.
NSR Consent Decree - St Mary's Cement

(3) D.C. Circuit Court Opinion - Title V Air Emissions Monitoring
Attached is the U.S. D.C. Circuit Court of Appeals' recent decision, Sierra Club v. EPA (August 19, 2008), regarding Title V air emissions monitoring. In a 2 to 1 decision, the Court vacated an EPA rule preventing state and local authorities from supplementing "inadequate monitoring requirements." The Court found that the Clean Air Act requires each Title V air operation permit to include adequate monitoring requirements and that the Act allows states to supplement an inadequate monitoring requirement to "assure compliance with the permit terms and conditions."
Sierra v. EPA

(4) U.S. v. Alabama Environmental Council issued July 24, 2008
Northern District of Alabama U.S. District Court decision on routine maintenance, repair and replacement in connection with four coal-fired power plants. The Court relies on the 2007 Eastern Kentucky Power decision in finding that routineness is based on what is routine for the industry, rather than the specific unit.
U.S. v. Alabama Envl Council

(5) Climate Change Advance Notice of Proposed Rulemaking
On July 11, 2008, EPA released an ANPR soliciting public input on the effects of climate change and the potential ramifications of the Clean Air Act in relation to greenhouse gas emissions. A link to the ANPR and related materials is attached.
Read the ANPR: http://www.epa.gov/climatechange/anpr.html

(6) Longleaf Energy Associates Decision - BACT Review for CO2
In Friends of the Chattachoochee, Inc. v. Georgia Department of Natural Resources, decided June 30, 2008, the court held that the state’s environmental department must conduct a BACT review for CO2 as part of the PSD permit for Dynegy’s planned 1200 megawatt Longleaf power plant. Relying on Massachusetts v. EPA, the court indicated that the BACT review must consider integrated gasification combined cycle (IGCC) as a potential option for reducing greenhouse gas emissions.
Longleaf Opinion

(7) Hazardous Organic NESHAP Residual Risk Rule Decision
D.C. Circuit Decision issued June 6, 2008 in NRDC's challenge to the Hazardous Organic NESHAP Residual Risk Rule
HON Rule Opinion - NRDC v EPA - US Appeals DC Circuit No 07-1053

On July 11, 2008, the U.S. District Court of Appeals for the District of Columbia Circuit issued a decision vacating the Clean Air Interstate Rule (CAIR) and the associated Federal Implementation Plan. Both rules are remanded to the U.S. Environmental Protection Agency. A pdf of the Court's opinion is here.

EPA Releases Federal Register Notice Denying California Waiver Petition
On February 29, 2008, EPA released its official notice denying California's petition for a waiver under section 209 of the Clean Air Act to allow California to have greenhouse gas emission standards for new motor vehicles. EPA had previously announced in December its intention to deny the petition. Today's notice is the official denial and sets forth EPA's rationale. The Federal Register notice, as well as other documents relating to California's waiver petition, can be found at: http://www.epa.gov/otaq/ca-waiver.htm.

CAA Nanotechnology Briefing Paper
The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is pleased to make available the results of a comprehensive review of the core federal environmental statutes to assess the suitability of each to address issues pertinent to human health and the environment arising from applications of nanotechnology. Earlier this year, the Section offered to brief representatives of the U.S. Environmental Protection Agency (EPA) Office of General Counsel (OGC) and pertinent other EPA representatives in EPA program offices on legal and regulatory issues arising in connection with the application of existing statutory and regulatory authorities to engineered nanoscale materials. Specifically, the Section offered to prepare detailed briefing documents on each of the six core environmental statutes, and a briefing document on innovative governance mechanisms, that identify key legal and regulatory issues EPA can be expected to encounter as it considers how best to address issues likely to arise in connection with nanotechnology.

Section Nanotechnology Project Home Page

CAA Nanotechnology Briefing Paper

D.C. Circuit Vacates Clean Air Mercury Rule
On February 8, 2008, the D. C. Circuit Court of Appeals vacated EPA's Clean Air Mercury Rule (CAMR) for Electric Generating Units (EGUs), by vacating EPA's initial delisting "Revision of December 2000 Regulatory Finding ("Delisting Rule"), 70 Fed. Reg. 15,994 (Mar. 29, 2005). With this vacature, the D.C. Circuit did not reach the fundamental merits of a national "cap and trade" system for Mercury under the NSPS standards, but simply vacated the CAMR's regulations because, if EGU's remain listed under 112, then they cannot be regulated under section 111, stating: "EPA promulgated the CAMR regulations for new sources under section 111(b) on the basis that there would be no section 112 regulation of EGU emissions and that the new source performance standards would be accompanied by a national emissions cap and a voluntary capand-trade program. See CAMR, 70 Fed. Reg. at 28,608-10, 28,614-15, 28,619, 28,622; see also id. at 28,616." A pdf of the decision is attached or you can access the following link for a copy of the decision: http://pacer.cadc.uscourts.gov/docs/common/opinions/200802/05-1097a.pdf