The Clean Air Act allows California to impose its own greenhouse gas standards and zero emission vehicle program. This changed this week when the Trump Administration announced its “One National Program” Rule. The One National Program Rule (also known as the Preemption Rule) gives the US Department of Transportation (DOT) and US Environmental Protection Agency (EPA) the right to set national fuel economy standards. These standards preempt any similar state […]

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President Donald Trump tweeted Wednesday that “The Trump Administration is revoking California’s Federal [Clean Air Act] Waiver on emissions in order to produce far less expensive cars for the consumer, while at the same time making the cars substantially SAFER.”  President Trump made the announcement while visiting California for fundraisers.  Trump further tweeted that  “Many more cars will be produced under the new and uniform standard, meaning significantly more JOBS, […]

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While attending the ABA SEER 27th Fall Conference in Boston, Bick Law LLP learned directly from Matt Leopold, EPA General Counsel, that the final “Part 1” Waters of the U.S. rule was released yesterday, September 12.  Part 1 is the first of two phases of the WOTUS rulemaking that officially repeals the 2015 WOTUS rule enacted by the Obama Administration.  The preamble addresses the scope of agency authority under the […]

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On April 23, 2019, the United States Environmental Protection Agency (EPA) released an interpretative statement to clarify whether the permit program under the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) applies to pollutants released from point source to groundwater.  The statement was created in response to the 50,000 comments received under the federal register notice posted on February 20, 2018.  After careful consideration of the public comments […]

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