News & Analysis as of

Clean Air Act Construction Permits

Beveridge & Diamond PC

EPA’s Proposed NSR Rule for Project Emissions Accounting Will Mean Permitting Delays for Projects and Expansions

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Key Takeaways - What Happened? On May 3, 2024, the U.S. Environmental Protection Agency (EPA) published its proposal to revise the Clean Air Act’s (CAA) New Source Review (NSR) preconstruction permitting program...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

THE FEDERAL APPELLATE COURTS - The U.S. Court of Appeals - On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board - Proposed Order/Penalty Assessment Related to Sevierville Blasting...

The Tennessee Air Pollution Control Board (“Board”) issued a May 19th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) addressing an alleged violation of the Tennessee Air rules to QSG Holdings, LLC...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD/Air Enforcement: Tennessee Air Pollution Control Board Order Addressing Midway, Tennessee, Nitric Acid Manufacturing Facility

The Tennessee Air Pollution Control Board (“Board”) issued to U.S. Nitrogen LLC (“U.S. Nitrogen”) a January 8th document titled: Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) - The Order...more

Williams Mullen

Clean Air Act New Source Review in 2018: Re-thinking Your Strategy for Compliance

Williams Mullen on

New Source Review (“NSR”) remains a focus of enforcement for EPA. Between last year and now, EPA finalized eight settlements with manufacturers and one with a utility, asserting NSR violations for allegedly not obtaining a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. House of Representatives Subcommittee on Environment Hearing/New Source Review Permitting – Challenges for Manufacturing...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on February 14th entitled: New Source Review Permitting Challenges for Manufacturing of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

"Once In, Always In" Policy/Clean Air Act: January 25th U.S. Environmental Protection Agency Memorandum Announcing Withdrawal

The United States Environmental Protection Agency (“EPA”) Assistant Administrator for Air, William L. Wehrum, issued a January 25th Memorandum rescinding the agency’s Clean Air Act “Once In, Always In” policy....more

Mitchell, Williams, Selig, Gates & Woodyard,...

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Big River Steel, LLC (Osceola, Ark.) Title V Permit Challenge: U.S. Environmental Protection Agency October 31st Order Denying...

The United States Environmental Protection Agency (“EPA”) Administrator issued an October 31st Order responding to a 2013 Petition from Nucor Steel – Arkansas and Nucor-Yamato Steel Company (collectively, “Nucor”) objecting...more

Foley & Lardner LLP

Seventh Circuit Presents Statute of Limitations Roadblock for Future PSD Enforcement Matters

Foley & Lardner LLP on

On July 8, 2013, in United States v. Midwest Generation, et. al, the U.S. Court of Appeals for the Seventh Circuit ruled that the failure to obtain a prevention of significant deterioration (PSD) construction permit under the...more

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