The D.C. Circuit held that EPA failed to adequately justify its rescission of the longstanding affirmative defense for emergency-related emissions exceedances under the Clean Air Act’s Title V program ...

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 ...

There is an abiding myth among practitioners in the plaintiffs’ class action bar—regularly rejected but repeated by rote—that affirmative defenses are irrelevant to class certification. For example, ...

Owners and operators of facilities subject to permitting under the Clean Air Act’s Title V permit program have cause for rejoicing. Title V permittees have just seen their fortunes improve, if only in ...