News & Analysis as of

Title V

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

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Title V/Clean Air Act: Petition to Object Filed Addressing Houston, Texas Refinery

The Environmental Integrity Project, Texas Environmental, Justice Advocacy Services, Caring for Pasadena Communities, and Sierra Club (collectively, “EIP”) submitted an August 19th Title V Petition to Object (“Petition”)...more

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

Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Hopewell, Virginia Chemical Manufacturing Facility

Five non-profit organizations filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to the AdvanSix Resins and Chemicals LLC (“AdvanSix”)...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Blue Springs Automobile Manufacturing Plant Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Toyota Motor Manufacturing, Mississippi, Inc. (“Toyota”) entered into an August 16th Agreed Order (“AO”) addressing an alleged violation of a Title V Operating...more

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Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

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

Title V Operating Permit/Rio Arriba County, New Mexico Compressor Station: U.S. EPA Environmental Appeals Board Petition Filed

Harvest Four Corners, LLC (“Harvest”) filed a July 29th Petition for Review (“Petition”) before the United States Environmental Protection Agency’s (“EPA”) Environmental Appeals Board (“EAB”) addressing a Clean Air Act Title...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Petition Objecting to Jefferson Parish, Louisiana...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 25th Order denying a petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the CF Industries...more

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

Miller Canfield on

The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

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Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Pinal County, Arizona, Generating Station

The Sierra Club filed a May 13th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to the Salt River Project Agricultural Improvement and Power District (“SRP”). ...more

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

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) transmitted a May 8th Clean Air Act Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) over an alleged failure to: …issue or deny the...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Batesville Commercial Bakery...

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and Flowers Baking Co. of Batesville, LLC ("Flowers") entered into a February 14th Consent Administrative Order ("CAO") addressing an...more

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

Title V/Clean Air Act: National Association of Clean Air Agencies Comments on U.S. Environmental Protection Agency Proposed Rule...

The National Association of Clean Air Agencies (“NACAA”) submitted April 10th comments to the United States Environmental Protection Agency (“EPA”) addressing a rule proposed on January 9th titled: Clarifying the Scope...more

Troutman Pepper

New Hampshire Enacts Comprehensive Privacy Law – SB 255

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On March 6, 2024, New Hampshire Governor Chris Sununu signed Senate Bill 255 into law, making New Hampshire the 14th U.S. state to enact a comprehensive privacy law. The law, which becomes effective on January 1, 2025, is...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Gunnison County, Colorado, Coal Mine Permit

The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...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

Constangy, Brooks, Smith & Prophete, LLP

New Jersey enacts comprehensive privacy law

On January 16, Gov. Phil Murphy (D) of New Jersey signed Senate Bill No. 332 into law. The New Jersey privacy law generally follows the same framework found in many of the comprehensive privacy laws enacted by other states...more

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

Clean Air Act Citizen Suit Enforcement/Pennsylvania Chemical Facilities: Food & Water Watch Judicial Action Alleging Allegheny...

The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more

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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,...

U.S. EPA Environmental Appeal Board: Indian Tribe Notice of Appeal Addressing Renewal of Coal-Fired Power Plant Clean Air Act...

The UTE Indian Tribe of the Uintah and Ouray Reservation (“Tribe”) filed a January 3rd Notice of Appeal (“Appeal”) challenging a decision by Region 8 of the United States Environmental Protection Agency (“EPA”) to renew the...more

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

Title V/Clean Air Act: Louisiana Bucket Brigade Petition to Object to Convent, Louisiana Direct Iron Ore Facility

Three individuals and the Louisiana Bucket Brigade and Inclusive Louisiana (collectively “LBB”) filed a December 12th Petition to Object (“Petition”) to a Clean Air Act Title V permit issued by the Louisiana Department of...more

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

Title V/Clean Air Act: US Environmental Protection Agency Grants in Part and Denies in Part Petition Objecting to Delaware County,...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 2nd 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,...

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

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