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The pollution exclusion has had a long history of being interpreted by the courts throughout the US. Many substances have been held to come within the pollution exclusion

Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration's SAFE Rule, in which EPA had concluded that California's regulation...

The Supreme Court today granted certiorari in EPA v. EME Homer City, the challenge to EPA’s Cross-State Air Pollution Rule, or CSAPR.

The D.C. Circuit Court of Appeals has denied the petition for rehearing in the "once in, always in" case. It was a one sentence order. Judge Rogers, who dissented from the original panel opinion,...

After a relatively quiet period, there were a number of items of interest on the air/climate front this week.

A key element of the Clean PowerProgram proposal announced by EPA is its encouragement of states to develop and use trading programs as a method of reaching each state's performance goal.

On Wednesday, President-Elect Donald Trump's transition team announced that Trump will name Oklahoma Attorney General Scott Pruitt as the next Administrator of the U.S. Environmental Protection Agency.

On September 15, 2010, U.S. EPA sent a letter to its Climate Leaders industry partners informing them that it will wind down the Climate Leaders program over the next year.

In a historic act, U.S. EPA proposed the nation's first-ever greenhouse gas (GHG) emissions standard for aircraft on July 21, 2020.

On June 23, 2014, the Supreme Court issued a split decision in Utility Air Regulatory Group v. EPA, striking down part of an EPA rule requiring pre-construction permits for large sources of GHGs emissions...

On March 4, 2025, the U.S. Supreme Court ruled that the federal Clean Water Act does not authorize the inclusion of some nonquantifiable water quality standards in National Pollutant Discharge Elimination System ("NPDES")...

Last week, the EPA Clean Air Science Advisory Committee provided EPA its review of EPA's Policy Assessment for the Reconsideration of the National Ambient Air Quality Standard for ozone.

One of the uncertain outcomes of COP 21, which took place in Paris last December, was whether an agreement would be reached, or a framework proposed, to price carbon dioxide emissions.

On July 2, 2015, The National Association of Home Builders, along with several farm and business organizations, filed a lawsuit seeking to overturn the new rule.

The trend of cases holding that NSR provisions of the Clean Air Act constitute a one-time preconstruction review requirement got stronger earlier this month.

The Supreme Judicial Court of Massachusetts, applying Massachusetts law, has answered a certified question by holding that an insured was unable to recover for costs incurred to prevent...

On Friday, April 20, 2012, ruling on the insured’s motion for rehearing, the Virginia Supreme Court unanimously upheld its prior decision, holding that the insurer was not required to defend AES Corporation because the alleged emission of carbon dioxide was not an occurrence within the meaning of a general liability policy.