On Sept. 5, 2025, the D.C. Circuit reversed EPA’s 2023 rule rescinding the “startup, shutdown and malfunction” (SSM) affirmative defense under the Title V permitting program. The decision carries implications for Title V programs nationwide and for stationary source regulations more broadly.
Continue Reading DC Circuit Reinstates Title V Emergency Affirmative Defense
On Sept. 4, 2025, EPA released its Semiannual Regulatory Agenda, signaling that the Agency is expected to continue to focus its deregulatory efforts on rules and regulations under the CAA in furtherance of this administration’s policy to increase domestic energy production and supply by easing rules on producers
Continue Reading Recent Federal Developments May Undercut the Clean Air Act