News & Analysis as of

Permits Clean Air Act Air Pollution

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Rochester, New Hampshire Solid...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an August 16th Order Denying a Petition Objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Turnkey...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fayetteville Printed Film...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Packaging Specialties, Inc. (“PSI”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing an alleged...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Rochester, New Hampshire Solid Waste Facility Permit

Sixteen individuals (collectively, “Petitioners”) filed a February 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Waste Management of New Hampshire,...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Denies Petition Objecting to a Chicago Department of Aviation Permit

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a September 29th Order Denying a Petition objecting to the issuance of a Clean Air Act Title V Permit (“Permit”) to the City of Chicago...more

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

Air Enforcement: Louisiana Department of Environmental Quality and Calcasieu Parish Styrene Manufacturing Facility Enter into...

The Louisiana Department of Environmental Quality (“LDEQ”) and Westlake Styrene, LLC (“Westlake”) entered into an October 18th Settlement Agreement (“SA”) addressing alleged violations of an air permit. See SA-AE-23-0032. ...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants in Part and Denies in Part Petition Objecting to Berkeley...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 7th Order (“Order”) granting in part and denying in part a Petition objecting to the issuance of a Clean Air Act Title V...more

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

Cryptocurrency Mining Facility/Natural Gas-Fired Electric Generating Plant: New York Administrative Law Judge Upholds Denial of...

A New York Administrative Law Judge (“ALJ”) issued a decision (Ruling on Issues and Party Status [“Decisions”]) upholding the State of New York Department of Conservation (“NYDEC”) decision to deny a Clean Air Act Title V...more

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

Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) proposed revisions to the General Provisions of the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”). The proposed rule revises...more

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

Hazardous Air Pollutants/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Issues Associated with...

The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Administrator Addresses Petition Objecting to Cass County, Indiana,...

The United States Environmental Protection Agency (“EPA”) Administrator issued a March 14th Order denying a Petition for Objection to Permit (“Order”) for a Waelz Sustainable Products, LLC, (“Waelz”) production facility in...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

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On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

ArentFox Schiff

Environmental Justice Update: EPA Air Office Releases EJ Guidance for Air Permitting

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How the US Environmental Protection Agency (EPA) will factor environmental justice (EJ) principles into permitting decisions remained largely an open question throughout 2022. In the waning days of the year, EPA’s Office of...more

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

Reactivation/New Source Review: U.S. Environmental Protection Agency Determination That Refinery Must Obtain PSD Permit

The United States Environmental Protection Agency (“EPA”) stated in a November16th letter that an oil refinery on St. Croix in the U.S. Virgin Islands may not resume operations without going through New Source Review (“NSR”)....more

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

Title V Objection/Clean Air Act: WildEarth Guardians Petition Addressing New Mexico Oil/Gas Processing Facility

WildEarth Guardians filed a September 26th Petition (“Petition”) requesting that the United States Environmental Protection Agency (“EPA”) Administrator object to the initial Clean Air Act Title V Operating Permit for the...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Administrator Addresses Petition Objecting to Lake County, Indiana,...

The United States Environmental Protection Agency (“EPA”) Administrator issued a March 4th Order Granting in Part and Denying in Part a Petition for Objection to Permit (“Order”) for a BP products North America, Inc. (“BP”)...more

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

Citizen Suit Action/Clean Air Act: Environmental Organizations and Colorado Coal Mine Operators Enter into Consent Decree

The Sierra Club, WildEarth Guardians, Center for Biological Diversity, and High Country Conservation Advocates (collectively “Sierra Club”) and Mountain Coal Company and Arch Resources, Inc. (collectively “Mountain Coal”)...more

Williams Mullen

Top Five Potential Air Permitting Reforms: How Air Permitting in Virginia Is Poised for Change

Williams Mullen on

The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more

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

EPA Oversight of Synthetic-Minor-Source Permitting: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a July 8th report titled: EPA Should Conduct More Oversight of Synthetic-Minor-Source Permitting to Assure Permits...more

BCLP

PFAS Air Emission Regulations

BCLP on

Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Flowood Compressor Station Operator Enter Into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Gulf South Pipeline Company, LLC, (“Gulf South”) entered into an April 4th Agreed Order (“AO”) addressing alleged violations of a Clean Air Act Title V...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Mobile, Alabama, Chemical Production Plant

Greater-Birmingham Alliance to Stop Pollution (“GASP”) filed a Title V Petition to Object before the United States Environmental Protection Agency (“EPA”) Administrator related to UOP, LLC Mobile Plant (“UOP”). The Title...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 35, September 2020

U.S. Shale Producers Race for Federal Permits Ahead of Presidential Election - "Federal permitting in the largest U.S. oilfield in the Permian Basin, located in Texas and New Mexico, is up 80 percent in about the last three...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Jefferson County Military...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the U.S. Army, Pine Bluff Arsenal (“the Arsenal”) entered into an August 25th Consent Administrative Order (“CAO”) addressing...more

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

Natural Gas Compressor Station/Title V Permit: U.S. EPA Environmental Appeals Board Addresses Challenge to NESHAP Permit Condition

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 2nd Order a Petition filed by MPLX challenging a permit condition that the federal agency placed in a...more

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