Three recent developments — a proposed EPA overhaul of New Source Review requirements, updated turbine emissions standards, and a DOJ intervention in a Clean Air Act citizen suit — may signal that air quality permitting is becoming a defining factor in data center and large infrastructure development.
On Feb. 12, 2026, the U.S. Environmental Protection Agency (EPA) announced its final rule (published at 91 Fed. Reg. 7686) rescinding the 2009 Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66496 (Dec. 15, 2009) (Endangerment Finding) and all subsequent federal greenhouse gas (GHG) emission standards for vehicle and engine model years 2012 and onward that relied on the Endangerment Finding.
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
On Aug. 1, 2025, the U.S. Environmental Protection Agency (EPA) initiated a major climate policy shift by proposing to rescind its 2009 Endangerment Finding, which has been the basis of many regulatory efforts to reduce greenhouse gas emissions from both mobile and stationary sources.
Continue Reading A Turning Point for Greenhouse Gas Emissions Regulation: EPA Seeks to Repeal its Endangerment Finding
Data center developers often struggle with lengthy and costly regulatory hurdles at both state and federal levels. In a move to simplify this process, the Trump administration has issued an executive order and introduced the “America’s AI Action Plan,” both designed to accelerate federal permitting and reshape environmental review frameworks for new data centers and supporting infrastructure.
On June 11, 2025, EPA issued a proposed rule that repeals carbon pollution standards for new and reconstructed gas turbines and existing and modified coal and oil/gas-fired units.
In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).
On April 23, 2025, the U.S. Department of the Interior announced plans to implement unprecedented emergency procedures to fast-track permitting for energy and critical minerals projects on federal lands.
Continue Reading Department of the Interior to Adopt Expedited NEPA Permitting Procedures for Energy and Minerals Projects on Federal Lands
On March 12, 2025, EPA Administrator Lee Zeldin announced the agency’s intention to reconsider 31 environmental regulations, describing the effort as the “single most impactful day of deregulation in EPA history.” While the scope of this initiative spans air, water, and climate regulations, the most consequential actions—legally and practically—center on a handful of cross-cutting programs and sector-specific rules.