Howard P. Davis, P.C.

Environmental Law

The Constitutional Basis of Federal Environmental Regulation
Authority to enact laws for the protection of the environment is not among the powers specifically granted to Congress by the United States Constitution. Yet, the constitutionality of most of the environmentally-oriented legislation passed by Congress has been upheld. More...
An Introduction to the Clean Air Act
The Environmental Protection Agency (EPA) was created in 1970 for the purpose of administering the Clean Air Act of 1970 (CAA) and was later charged with administering several other environmental statutes, including the Clean Water Act. More...
New Source Performance Standards
The Clean Air Act defines a "new" source as one that is constructed or substantially modified after the publication of an air pollution emissions regulation that pertains to it. A standard of performance is required to reflect the best system of reducing air pollution emissions, taking into account the cost of achieving the emissions reductions, the impact of the system on health and environment that is not air-quality related, and the energy requirements of the system. These standards are called "new source performance standards." Once the standards are established by the Environmental Protection Agency (EPA) and become effective, it is unlawful for any new source to operate in such a way that violates the standards. More...
The EPA's NOx SIP Call
The Environmental Protection Agency (EPA) instituted a ruling requiring 22 states to submit revised state implementation plans (SIPs) that incorporated new, lower nitrogen oxides (NOx) emissions. This ruling is commonly called the NOx SIP call, which refers to the EPA's authority to "call in" new SIPs. The purpose of the rule is not to require NOx reductions in any particular state but to reduce the overall transport of ozone that contributes to nonattainment of air quality standards for ozone in some downwind states. More...
The Radon Gas and Indoor Air Quality Research Act of 1986
In recognition of the potential hazard posed by radon gas in particular as well as the overall importance of indoor air quality, Congress passed the Radon Gas and Indoor Air Quality Research Act (Air Quality Research Act) in 1986. Among other things, the Air Quality Research Act directed the Environmental Protection Agency to establish a research program with respect to indoor air quality in order to add to the understanding of health problems associated with indoor air pollutants. More...

Areas of Practice

  • Environmental Litigation/Cost Recovery
  • Environmental Insurance Recovery
  • Environmental Law
  • Hazardous Waste Matters and Land Use

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