This year promises many important developments with respect to the U.S. Environmental Protection Agency’s implementation and enforcement of the federal Clean Air Act. Here are some major enforcement trends and regulatory issues that regulated parties may want to monitor in 2014.Air Enforcement: Five Things to Watch as EPA’s Old Priorities Confront New RealitiesThe U.S. Environmental Protection Agency’s (EPA) national air enforcement priorities for 2014 are the same as last year’s—the focus is on reducing emissions from coal-fired power plants, major industrial operations and oil and gas exploration. But the agency has less money, has suffered some important legal defeats, especially with regard to new source review (NSR) enforcement, and is still grappling with the implications of Sackett v. EPA, a 2012 United States Supreme Court decision that upended the agency’s understanding of when its actions are subject to judicial review. As EPA adjusts to its new budgetary and legal circumstances, regulated parties should closely monitor the following five enforcement-related developments:1. Notices of Violation—Can They Now Be Challenged in Court?EPA has long argued that its notices of violation (NOVs) are not “final” actions subject to judicial review. But the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), has cast… Read full this story
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