EPA must now reinstate its decades-old, recently rescinded, affirmative defense under the CAA for excess emissions caused by emergency events. With the reinstatement of this defense, industry regains ...

With EPA now facing the possibility of an appeal or further rulemaking, companies should carefully evaluate their compliance programs, emergency response plans, and documentation procedures to ensure ...

On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense ...

A special motion filed pursuant to the Uniform Public Expression Protection Act is supposed to operate much like a motion for summary judgment. But what if the moving party (the speaker) asserts an ...