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EPA’s Denial of Louisiana’s Revised SIP

The Energy Law

On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. To comply with the 2015 SIP Call rule, Louisiana had proposed revising its SIP by removing LAC 33:III.2201.C.8,

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

Amidst historically low oil prices and economic shutdowns, fossil fuel companies continue to defend against lawsuits brought by state and local governments claiming climate-change related damages. 1442(a)(1). In City of Oakland et al. 1442(a)(1). 1442(a)(1).

Casing 52
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EPA’s Shifting Guidance on Startup, Shutdown, and Malfunction Defenses in State Implementation Plans and Its Effect in Louisiana

The Energy Law

On September 30, 2021, the EPA once again signaled a policy change on what provisions a state can include in its Clean Air Act State Implementation Plan (“SIP”) for exemptions and affirmative defenses during periods of startup, shutdown, and malfunction (“SSM”). 2015 SSM SIP Policy. 33840 (June 12, 2015). LAC 33:III.507.J.1.