At the same time that Oklahoma is contending that Texas bad air, specifically emissions from coal-fired plants in Texas, is affecting Oklahoma ozone levels through interstate transport, Oklahoma has obtained approval of its air rules showing that Oklahoma emission sources do not have a significant effect on clean air in other neighboring states, such as Kansas and Arkansas . . . .

Many eyes have been on the Environmental Protection Agency’s recent attempts – and the Congress’ recent failures – to regulate and legislate greenhouse gases; to see our explanation of the winding and complicated route the EPA has taken in order to regulate greenhouse gas emissions, please click on this link: http://www.ryanwhaley.com/epa-proposes-path-for-state-regulations-of-greenhouse-gases.

In pollution cases, such as ones alleging the emission and deposition of airborne pollutants, some landowners may believe they or family members have suffered personal injury as well as property damage. Notwithstanding, it seems to be a growing trend for some plaintiff lawyers to advocate their clients file suit for property damage only (based on customary negligence, trespass, and nuisance theories). Their reasoning? . . . .

On November 8, 2010, the Environmental Protection Agency (“EPA”) Administrator, Lisa Jackson, signed a rule that finalizes the federal greenhouse gas (“GHG”) reporting requirements for the oil & gas industry.

On September 2, 2010, EPA published two proposed rules designed to “fix” state air permit programs to ensure that the agencies in charge of issuing permits to construct or modify stationary sources of air emissions – such as power plants – will be able to regulate greenhouse gases through those permits [ . . .]

In Sierra Club v. Otter Tail Power Company, No. 09-2862 (8th Cir. Aug. 12, 2010), the power company modified its coal-fired power plant in South Dakota several times in the late 1990s and in 2001 without first getting a PSD permit [ . . .]