News & Analysis as of

Environmental Protection Agency (EPA) PSD

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

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

Smith Gambrell Russell

Third Circuit Reverses EPA “Reactivation” Policy for PSD

Smith Gambrell Russell on

A three-judge panel for the U.S. Court of Appeals for the Third Circuit has held that the Clean Air Act (“CAA”) bars the EPA from requiring facilities that are restarting after being shuttered to undergo to strict, Prevention...more

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

Fugitive Emissions/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing New Source Review Regulations

The United States Environmental Protection Agency (“EPA”) is proposing revisions to the Clean Air Act’s New Source Review (“NSR”) permitting regulations. The proposed rule would require that owners and operators of...more

Williams Mullen

EPA Aggregation Guidance is Easily Forgotten and Easily Enforced

Williams Mullen on

Four years ago, EPA published its “Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Aggregation; Reconsideration” (New Source Review (NSR) Aggregation Action). 83 Fed. Reg. 57324...more

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

Project Emission Accounting/New Source Review: U.S. Environmental Protection Agency Final Clean Air Act Rule

The United States Environmental Protection Agency (“EPA”) announced on October 22nd it had finalized certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of Significant Deterioration...more

Foley Hoag LLP - Environmental Law

Injunctive Relief Is Available Outside the Fenceline

On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements he had previously identified resulting from upgrades to the Ameren Missouri...more

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

PSD/Air Enforcement: U.S. District Court (Missouri) Addresses Injunctive Relief Authority

The United States District Court (Eastern District Missouri) (“Court”) issued a February 27th Memorandum and Order (“Order”) addressing whether it had the authority to order injunctive relief for past violations of the Clean...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 Hoag LLP - Environmental Law

EPA Wins Another Round In PSD Litigation: More Evidence that the Program Is Flawed.

Last Monday, in a comprehensive, 189-page opinion, Judge Rodney Sippel ruled that Ameren Missouri had violated EPA’s PSD regulations by failing to get permits for upgrades in 2007 and 2010 at its Rush Island facility. As I...more

Bergeson & Campbell, P.C.

EPA Proposes To Establish Minor New Source Review Requirements And To Disapprove Severable Portions Of SIPs

On January 11, 2016, EPA published a Proposed Rule in the Federal Register proposing to establish Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and to disapprove severable portions of the...more

Locke Lord LLP

Locke Lord QuickStudy: EPA Stakes Out Approach to Address GHG Permitting for Authorized Sources Affected

Locke Lord LLP on

On December 19, 2014 the Environmental Protection Agency (EPA) issued two memoranda outlining the Agency’s planned response to the Supreme Court’s June 2014 decision in Utility Air Regulatory Group (UARG) v. Environmental...more

Foley Hoag LLP - Environmental Law

EPA Does Not Have a Nondiscretionary Duty to Revise PSD Regulations When It Amends a NAAQS

On Monday, the 9th Circuit Court of Appeals ruled that EPA does not have an obligation to amend PSD regulations for a criteria pollutant within two years of revising the National Ambient Air Quality Standard for that...more

Stoel Rives LLP

U.S. Supreme Court Hears Arguments in Landmark Case on Federal Greenhouse Gas Regulation

Stoel Rives LLP on

My colleague, Daniel Lee, followed oral argument yesterday in the U.S. Supreme Court's consideration of federal greenhouse gas (GHG) regulation in Utility Air Regulatory Group v. EPA, and provides this analysis...more

BakerHostetler

EPA Seeks Rehearing in Major Clean Air Act Case

BakerHostetler on

Last week, EPA filed a petition for rehearing in United States v. Midwest Generation, LLC, 720 F.3d 644 (7th Cir. July 8, 2013) (filed September 3). This petition, which argues that the government is not barred by the...more

Foley Hoag LLP - Environmental Law

The Final Nail In the Coffin on EPA’s Enforcement Initiative Against Historic PSD Violations? The Third Circuit Agrees That PSD...

Only last month, the 7th Circuit ruled that alleged violations of the Clean Air Act’s PSD requirements are not ongoing....more

Foley Hoag LLP - Environmental Law

We Still Don’t Need No Stinkin Cooperative Federalism: The D.C. Circuit Court of Appeals Holds that GHG Sources Require PSD...

Last Friday, I posted about the limits to EPA’s cooperation with states in the name of “cooperative federalism” under the Clean Air Act. On the same day, in Texas v. EPA, the D.C. Circuit Court of Appeals only emphasized my...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

Burr & Forman

EPA Permitting Regulations Vacated—Project Delays Expected

Burr & Forman on

The recent decision in Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013) vacated all of EPA’s rules on Significant Monitoring Concentrations (“SMCs”), as well as some (the Prevention of Significant Deterioration (“PSD”)...more

Foley Hoag LLP - Environmental Law

EPA Loses Another PSD Case: The Clean Air Act is “Extraordinarily Rigid”

In Sierra Club v. EPA, issued today, The Court of Appeals for the District of Columbia rejected EPA’s rules governing “significant impact levels” and “significant monitoring concentrations” for determining PSD permitting...more

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