Jacob Hollinger
Subscribe to Jacob Hollinger's PostsJacob Hollinger handles environmental and energy-related compliance and litigation matters for energy, manufacturing and financial sector clients. He is a former high-ranking Clean Air Act attorney for the US Environmental Protection Agency (EPA), has handled dozens of government investigations and enforcement actions and has extensive experience in all aspects of civil litigation. Read Jacob Hollinger's full bio.
New Climate Change Guidance for NEPA Reviews
By Jacob Hollinger on Aug 3, 2016
Posted In Environmental, Project Development and Finance
In the United States, federal agencies that license, permit or finance energy and infrastructure projects must, with some limited exceptions, analyze the environmental impacts of those projects before they approve them, pursuant to the National Environmental Policy Act of 1969 (NEPA). But to what extent must those agencies consider climate change impacts as part of...
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Implications of the Clean Power Plan Stay
By Jacob Hollinger on Feb 12, 2016
Posted In Environmental
Late in the day on Tuesday, February 9, the U.S. Supreme Court stayed, for at least a year and possibly longer, the implementation of the Clean Power Plan (CPP), the US Environmental Protection Agency’s (EPA’s) widely-publicized regulations governing greenhouse gas emissions from existing coal-, oil- and gas-fired power plants. The stay means that the CPP’s requirements and...
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EPA’s New Refinery Rule—Next Generation Compliance in Action
By Jacob Hollinger on Oct 19, 2015
Posted In Environmental
The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas. The rule governs hazardous air emissions from petroleum refineries, but features several “next gen” tools that are relevant to other types of facilities, especially chemical plants and oil and gas...
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What Comes Next for Mercury Emissions from Power Plants?
By Jacob Hollinger on Jun 29, 2015
Posted In Environmental
The U.S. Supreme Court held this morning that the U.S. Environmental Protection Agency (EPA) acted unreasonably when it determined in 2000, and again in 2012, that it was “appropriate and necessary” to regulate mercury emissions from coal-fired power plants. The central flaw in EPA’s reasoning, the Court held, is that the agency failed to consider...
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An Update on EPA’s Approach to Methane Emissions from the Oil & Gas Sector – Including a Summary of the Agency’s Proposed New Reporting Rule
By Jacob Hollinger on Dec 4, 2014
Posted In Environmental
The U.S. Environmental Protection Agency (EPA) is expected to announce between now and December 31, 2014 its plan for pursuing methane reductions from the oil and gas sector – including whether it will propose new emission reduction regulations. Additionally, the agency recently modified its greenhouse gas (GHG) reporting rules for oil and gas systems and...
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EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations
By McDermott Will & Emery and Jacob Hollinger on Sep 16, 2014
Posted In Environmental
The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions exceedances that occur during startup, shutdown and malfunction (SSM) periods. The proposal would also require several states to revise their existing SIPs...
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The Supreme Court’s Greenhouse Gas Permitting Decision – What Does It Mean?
By Jacob Hollinger on Jun 23, 2014
Posted In Environmental
The U.S. Supreme Court today partly upheld and partly rejected the U.S. Environmental Protection Agency’s federal Clean Air Act permitting regulations governing greenhouse gas (GHG) emissions from stationary sources. The decision is mostly a victory for EPA, and its narrow scope means that it will almost certainly not disrupt, let alone invalidate, EPA’s ongoing Section...
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The Third Piece of EPA’s Clean Power Plan: GHG Emission Limits for Modified and Reconstructed Power Plants
By Jacob Hollinger on Jun 16, 2014
Posted In Uncategorized
The U.S. Environmental Protection Agency’s proposed greenhouse gas (GHG) regulations for “new” and “existing” power plants have received substantial media attention, but regulated parties should also be aware of the third piece of EPA’s self-styled “Clean Power Plan”: Proposed carbon dioxide (CO2) emission limits for “modified” and “reconstructed” electricity generating units (EGUs). EPA proposed CO2...
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EPA’s Proposed Power Plant Regulations – Simpler Than You Think
By Jacob Hollinger on Jun 4, 2014
Posted In Environmental
The U.S. Environmental Protection Agency (EPA) released its long-anticipated proposal for regulating greenhouse gas emissions from existing power plants on June 2, 2014, to much fanfare. The proposal is simpler than it looks. Here are the key points. 1. The Proposed Rule is Only 38 Pages Long. It’s the “Justification” That Takes up Space. Many...
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EPA’s Next Generation Compliance Initiative – The Agency’s Latest Proposed Rule for Refineries Shows the Initiative in Action and Provides a Glimpse of the Future for Other Industries
By Jacob Hollinger on May 27, 2014
Posted In Environmental
The U.S. Environmental Protection Agency (EPA) recently released a proposed rule that illustrates several of the agency’s Next Generation Compliance ideas in action. The proposed rule concerns hazardous air pollutant (HAP) emissions from refineries, but should be studied by anyone who wants to gain a better understanding of what “Next Generation Compliance” means as a...
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