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January 25, 2021

Volume XI, Number 25

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January 25, 2021

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  • After Unprecedented Firings of General Counsel and Deputy General... by: Mark Theodore and Michael J Lebowich
  • EPA Completes Final Risk Evaluation for PV29, Finding Unreasonable... by: Government Regulation
  • The First 48 Hours – A New OSHA COVID-19 Standard on the Way? by: Daniel A. Kaplan
  • Affordable Clean Energy Rule Vacated by: Jane E. Montgomery and Bina Joshi
  • New Final Regulations Revise Rules on The Application of Section 163(... by: Enrica Ma and David G. Noren
  • President Biden Repeals Executive Order 13950 Upon Taking Office by: Jessica C. Abrahams and Stacie L. Linguist
  • President Biden Signs Executive Order Extending Workplace Protections... by: Laura Lawless
  • Telecom Alert - Rosenworcel Named Acting Chairwoman; Pole Attachment... by: Jim Baller and Gregory E. Kunkle
  • Registration Opens for EPA’s February 3, 2021, Webinar on Asbestos... by: Lynn L. Bergeson and Carla N. Hutton
  • Act Now – Estate Tax Planning Under the Biden Administration by: Jacqueline L. Messler
  • SEC Adopts New Marketing Rule for Investment Advisers by: Joshua B. Deringer
  • The Impact of the Consolidated Appropriations Act on Flexible... by: Alden J. Bianchi
  • Biden Administration Revocation of Executive Order 13950 Eliminates... by: Scott A. Schipma
  • “Hero Pay” Ordinance Passed in City of Long Beach and Likely Coming... by: Benjamin A. Tulis
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  • Price Gouging Weekly Round Up - January 25, 2021 by: Christopher E Ondeck and John R Ingrassia
  • Some Clinical Trial Calls Now Eligible for the FCC’s Revised TCPA... by: Laura H. Phillips and Qiusi Y. Newcom
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  • What Do We Do With the Stimulus Check for a Parent on Medicaid? by: Shana Siegel
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  • D.C. Signs Broad Ban on Noncompetes and Anti-Moonlighting Policies by: David J. Woolf and Kerry C. Zaroogian
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  • Common Ways to Resolve Disputes and Deadlocks in a 50/50 Business by: Hugo A. Gallegos
  • U.S. Department of Labor Issues New Opinion Letter Clarifying... by: Kyle D. Winnick
  • Continued Remote Working Guidance for Employees by: Lynn A. Gandhi
  • Weekly Bankruptcy Alert: For the week ending January 24, 2021 by: Business Practice Group Pierce Atwood
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January 24, 2021

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  • Justice Amy Coney Barrett’s Potential Impact on the Supreme Court –... by: Rachel Popa
  • COVID-19: US State Policy Report – January 22, 2021 by: Jeffrey L. Turner and Traci L. Martinez

January 23, 2021

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  • China Bolsters Foreign Direct Investment (FDI) Review Framework,... by: International Trade Practice at Squire Patton Boggs
  • Extensions of COVID-19 Relief for Opportunity Zone Funds by: Kate Kraus
  • The “State” of Telehealth: New Jersey by: Matthew M. Shatzkes and Kimberly Rai
  • Biden Administration Announces Sweeping Slate of Administrative... by: Richard A. Agnew and Shannon Angielski
  • What Took So Long? Democrats Quickly Introduce Pension Relief Bill by: Robert R. Perry and David M. Pixley

January 22, 2021

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  • Investment Management Legal and Regulatory Update - January 2021 by: Ellen R. Drought and Carol A. Gehl
  • An Inconvenient Agreement: Forum Selection Clauses Will be Enforced by: Eleanor Hagan
  • Beltway Buzz, January 22, 2021 by: James J. Plunkett
Article By
Jennifer Tharp
Squire Patton Boggs (US) LLP
frESH: Perspectives on Environmental, Safety & Health
Squire Patton Boggs (US) LLP law firm
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Lawsuit Filed in Response to US EPA Rollback of Tailpipe Emission Standards

Friday, June 1, 2018

On May 1, 2018, 17 states, including California, as well as the District of Columbia filed a Petition for Review in the US Court of Appeals for the District of Columbia in response to US EPA’s announcement that it would be rolling back tailpipe emission standards. As we previously reported, California stated in April that it was actively considering a lawsuit to challenge the decision to revise tailpipe emissions. The other states involved in the new lawsuit include Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington. In total, the coalition represents approximately 140 million Americans.

The Petition calls for review of the Agency’s Notice in the Federal Register entitled “Mid-Term Evaluation of Greenhouse Gas Emission Standards for Model Year 2022-2025 Light-Duty Vehicles.” In the Notice, US EPA withdrew its January 12, 2017 Final Determination of the Mid-Term Evaluation of Greenhouse Gases for MY 2022-2025 light-duty vehicles because the Agency concluded that the standards set forth in the Final Determination are no longer appropriate in light of the record before US EPA and should be revised.  US EPA also noted its intent to initiate a subsequent notice and comment rulemaking to further consider appropriate standards for MY 2022-2025 light-duty vehicles. In a press release, the California Office of the Attorney General characterized the Petition for Review as based on US EPA’s arbitrary and capricious action, failure to follow its own regulations, and violations of the Clean Air Act.

In addition to the lawsuit, on May 7, 2018, the California Air Resources Board (CARB) issued a request for public input, indicating that it is considering a revision to “clarify the ‘deemed to comply’ provision applies to the current federal GHG standards should US EPA change the standards for any model years.” CARB explained that it would take action as needed so that weakened federal standards would not be deemed to comply with CARB standards. The comment deadline is May 31, 2018.

Despite the lawsuit initiation and CARB’s request for public input, there have been signs that the current Administration is willing to enter into discussions with California. Ten automakers met with President Trump on May 11, 2018 purportedly to discuss the fuel economy and GHG rules as well as trade issues. Industry representatives have also encouraged the Administration to negotiate with California. According to media reports, President Trump responded by asking US EPA Administrator Scott Pruitt and US Secretary of Transportation Elaine Chao to enter into negotiations with California for the purpose of setting one fuel economy standard for the country. A recent meeting occurred between US EPA, the Department of Transportation (DOT), and CARB on May 23, 2018 but there were conflicting interpretations of the meeting’s progress. While the agencies characterized the meeting as productive, Mary Nichols, the Chair of CARB issued a contrary statement on Twitter indicating there was additional need for constructive dialogue.

The result of the pending suit and California’s potential regulatory amendments will have significant implications for automakers moving forward and may cause additional states to adopt California’s more stringent standards.

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© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume VIII, Number 152
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About this Author

Jennifer Tharp, Environmental Attorney, Cleveland, Squire Patton Boggs Law Firm
Jennifer Tharp
Associate

Jennifer Tharp is an associate in the Environmental, Safety & Health group. During law school, she completed a summer internship with a private research university, where her projects included regulatory analysis for counsel of both the university and health system. She also worked as a research assistant for a nonprofit operating federally funded research and development centers on tasks including policy analysis and compliance.

She provides clients with assistance in environmental, safety and health-law sectors. 

...
jtharp@squirepb.com
+1 216 479 8537
www.squirepattonboggs.com
www.squirepattonboggs.com/en/blogs
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