American Bar Association
 
Air Quality
American Bar Association Energy and Resources Committees

Air Quality


Committee Information




Best Committee - Environmental


The Section recognizes the Air Quality Committee for their outstanding efforts during the 2013-2014 ABA year. The Air Quality Committee received the award for "Best Environment Committee" at the 22nd Fall Conference in Miami. Congratulations!

Visit the Committee Awards webpage >>

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About the Committee

The Air Quality Committee provides a valuable forum and practical resources for lawyers interested in air-related issues to: (1) keep up to date on new developments, through extensive communications such as newsletters, satellite conferences and seminars; (2) exchange ideas and best practices with other practitioners around the country; and (3) stay involved with the environmental lawyer community by contributing to various Section publications and participating in Section events.


Message from the Chair

Welcome to the ABA Section on Environment, Energy and Resources (SEER) Air Quality Committee website! I am honored to follow in the footsteps of some amazing past chairs of this Committee and believe that we have assembled an outstanding team of vice-chairs to help implement our Committee’s mission.

As anyone who practices in the area of air quality knows, significant federal Clean Air Act and related regulatory developments continue to occur at breakneck speed, and it can be challenging to stay abreast of the latest developments at the state and federal level throughout the United States. The Air Quality Committee is here to help. We act as a forum for information exchange among air quality practitioners and other SEER committees. We strive to keep our members current on the latest developments, through timely and informative communications via our website and listserv, social media, Hot News email alerts, newsletters, conference programs, Committee conference calls, webinars, SEER’s Year-in-Review, and other publications.

We encourage our members to participate in this exchange by submitting articles for the newsletter, suggesting topics for conferences or webinars, sending us key agency and court decisions, policy documents, or briefs on air quality issues, and posting and commenting on our social media pages. If you write an air quality-related article or blog post, we can link to it on our website upon request. All of the 2014-2015 Committee vice-chairs are listed under the Committee Roster link on the right side of this website. Feel free to reach out to me or the appropriate vice-chair if you have any suggestions, questions, or information to share.

Lastly, the 22nd Fall Conference is coming up from October 8-11, 2014, at the Trump National Doral in Miami, and I encourage you to attend. There will be several air quality law-related seminars, as well as opportunities to meet and network with fellow environmental attorneys and Committee members. We look forward to seeing you there.

Best Regards,
Phil Bower
Air Quality Committee Chair, 2014-2015


Hot News



Fifth Circuit Holds Clean Air Act NOVs Are Not Final Agency Action
On July 3, 2014, the Fifth Circuit Court of Appeals held that Notices of Violation (NOV) issued by U.S. EPA under Section 7413(a) of the federal Clean Air Act do not constitute a final agency action and are not subject to judicial review. The Fifth Circuit’s opinion can be accessed here.





Ninth Circuit Vacates EPA’s PSD Permit for Avenal Power Plant
On August 12, 2014, the U.S. Court of Appeals for the Ninth Circuit vacated U.S. EPA’s PSD permit issued for the Avenal Power natural gas-fired power plant in California that "grandfathered" the facility from having to meet greenhouse gas (GHG) and stricter conventional pollutant limits finalized during the permitting process. A three-judge panel found that the federal Clean Air Act requires EPA to ensure that proposed industrial projects comply with regulations in effect at the time of issuing a permit, not those when the permit application was first filed. The 9th Circuit’s Opinion can be accessed here.





SCOTUS Invalidates EPA’s Tailoring Rule; Upholds GHG BACT For "Anyway" Sources
On June 23, 2014, the U.S. Supreme Court rendered its decision in the Clean Air Act greenhouse gas (GHG) Prevention of Significant Deterioration (PSD) cases. The Supreme Court held that: (1) The Act neither compels nor permits U.S. EPA to adopt an interpretation of the Act requiring a source to obtain a PSD or federal Title V permit on the sole basis of its potential GHG emissions; and (2) U.S. EPA reasonably interpreted the Act to require sources that would need permits based on their emission of conventional pollutants to comply with the Best Available Control Technology (BACT) for GHG emissions. The opinion can be accessed here.





EPA Releases Proposed GHG Emission Standards For Existing Power Plants
On June 2, 2014, U.S. EPA announced the release of its highly anticipated proposed greenhouse gas (GHG) emission standards for existing power plants. The proposed rule will require existing power plants to reduce GHG emissions by an average of 30 percent from 2005 levels by 2030. Emission reduction targets will be set on a state-by-state basis taken into account reductions states have already made. The rule is expected to be completed by June 2015 and will give states up to one year to develop and submit implementation plans to EPA. In addition, states will have the ability to request extensions of up to two additional years to complete their plans. There will be a 120-day public comment period beginning on the date of publication in the Federal Register. There will be four public hearings across the country during the week of July 28, 2014. EPA’s proposed rule and associated Fact Sheets can be accessed here.



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To view the Air Quality Committee Hot News archive, click here.

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Committee Alerts


Committee Chair

Chair:

Bower, Phillip

Committee Roster  


View Committee Newsletters

Committee newsletters provide current information on topics of interest to practitioners and news of committee activities.
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2014-2015 Committee Leadership

View the full roster of Air Quality Committee leadership.
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Public Service Project

Public Service Project

Ozone (O3)

SCOTUS Litigation


Air Quality News Archive

View the Hot News archive.
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Sites of Interest

Modified by Romeo Talento on October 29, 2014

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