December 6, 2022

Volume XII, Number 340

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December 06, 2022

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December 05, 2022

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DC Circuit Hears Oral Argument In Important Clean Air Act Case

On December 3rd, the DC Circuit heard oral argument in a Clean Air Act case that may set important precedents for EPA’s “risk and technology reviews” of existing Clean Air Act emission standards. National Association for Surface Finishing v. EPA involves a challenge to EPA’s revised chromium emission standards brought by Greenberg Traurig client National Association for Surface Finishing as well as several environmental groups.  Several key issues are at stake, including (1) whether EPA is obligated to conduct a completely new MACT analysis as part of an RTR review; (2) what constitutes a “development” in practices, processes or control technologies that can justify reducing emission standards; and (3) whether EPA may impose lower emission limits and thus a more “ample margin of safety” without finding that such lower limits are required to achieve an ample margin of safety.  The decision in this case could affect numerous RTR rulemakings that are currently in progress involving several industrial sectors.

Read more here.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume IV, Number 343
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About this Author

Jerry Stouck, Greenberg Traurig Law Firm, Washington DC, Environmental and Litigation Law Attorney
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Jerry Stouck Chairs the Federal Regulatory and Administrative Law Practice and has more than 35 years of trial and appellate litigation experience in a wide range of cases and courts. He has particular experience in complex business, regulatory and environmental disputes with government agencies.  Jerry regularly challenges federal agency action under various regulatory regimes, and has represented the lead parties in several very large and important cases seeking monetary relief from the federal government. He also handles environmental and land use litigation,...

202-331-3173
Christopher Bell, Greenberg Traurig Law Firm, Houston, Washington DC, Environmental Law Litigation Attorney
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Chris Bell represents clients in civil and criminal enforcement and investigations, litigation, compliance counseling, emergency incident response, and legislative and regulatory advocacy (including appellate challenges to rulemakings) under all of the major environmental, health, safety and natural resource laws. His enforcement experience includes internal investigations, responding to grand jury investigations and agency information requests, and negotiating consent, probation, and debarment agreements. He is currently the EPA Independent Monitor overseeing the nation...

713-374-3556
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