News & Analysis as of

SIP Air Pollution

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

Start Up/Shut Down/Malfunction/Clean Air Act: U.S. Court of Appeals for the D.C. Circuit Addresses U.S. Environmental Protection...

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more

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

Regional Haze/Arkansas: U.S. Environmental Protection Agency Announces Approval of Revisions to State Plan

The United States Environmental Protection Agency (“EPA”) issued a September 9th news release stating it had approved revisions to the State of Arkansas’s plan for addressing regional haze. Concurrently, the federal agency...more

Pierce Atwood LLP

Exemptions for Excess Emissions During Startup, Shutdown, and Malfunction Are In Jeopardy – What Can You Do?

Pierce Atwood LLP on

For many years, a number of state air regulations, including certain MEDEP, NHDES, and RIDEM regulations, have contained exemptions and/or affirmative defenses for excess air emissions occurring during startup, shutdown...more

Blank Rome LLP

EPA Up 3-0 in Clean Air Cases: What it Means for Greenhouse Gas Regulations

Blank Rome LLP on

The D.C. Circuit, by majority decision, upheld MATS, which requires coal- and oil-fired power plants to reduce emissions of mercury, arsenic, chromium, and other air pollutants. When the EPA adopted MATS in 2011, it did not...more

Foley Hoag LLP - Environmental Law

Section 126 of the Clean Air Act and Cooperative Federalism: EPA May Cooperate with the Downwind State Rather than the Upwind...

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under § 126 of the Clean Air Act, EPA may issue a rule imposing emission limits on a source in 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

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