On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, ...

The heightened pleading standard set forth by the Supreme Court in Bell Atlantic v. Twombly and Ashcroft v. Iqbal has become a familiar tool for defense counsel seeking to dismiss a complaint in ...

In her Western District Roundup, Sharon M. Porcellio, a partner at Ward Greenberg Heller & Reidy, writes that the Western District recently addressed the debate over whether the U.S. Supreme Court's ...

EPA must now reinstate its decades-old, recently rescinded, affirmative defense under the CAA for excess emissions caused by emergency events.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