News & Analysis as of

Vacated Air Pollution

Foley Hoag LLP - Environmental Law

The D.C. Circuit Vacates Most of EPA’s SSM SIP Call; Generators Breath a Sigh of Relief

Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...more

(ACOEL) | American College of Environmental...

Determining Disparate Impacts in Environmental Justice Communities: Does Friends of Buckingham v. State Air Pollution Control...

It has long been recognized that minority and disadvantaged communities are subject to higher levels of pollution than more affluent non-minority areas. This fact is the basis of the need for Environmental Justice to ensure...more

Pierce Atwood LLP

Update: First Circuit Revises Prior Decision to Vacate Air Permit in Light of Material Developments

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As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection...more

Pierce Atwood LLP

First Circuit Vacates Air Permit: Natural Gas Pricing and Supply in New England Potentially Impacted

Pierce Atwood LLP on

The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more

Pierce Atwood LLP

First Circuit Vacates Air Permit Due to Inadequate BACT Analysis

Pierce Atwood LLP on

On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more

Pierce Atwood LLP

First Circuit Compressor Station Decision Vacates DEP Air Permit, Addresses Environmental Justice and Noise Issues

Pierce Atwood LLP on

On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more

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

Interstate Ozone/Environmental Groups Citizen Suit Notice to U.S. Environmental Protection Agency: Arkansas Is One of Twenty...

A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure...more

Foley Hoag LLP - Environmental Law

The Other Shoe Drops on Upwind Ozone States

On Tuesday, the District of Columbia Court of Appeals vacated EPA’s “Close-Out Rule,” which basically concluded that upwind states contributing to exceedances of the National Ambient Air Quality Standard for ozone in downwind...more

Jackson Walker

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Skadden, Arps, Slate, Meagher & Flom LLP

"D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"

In Sierra Club v. Environmental Protection Agency, 2013 U.S. App. LEXIS 1408 (D.C. Cir. Jan. 22, 2013), the District of Columbia Circuit Court of Appeals issued a decision that is likely to have a significant impact on...more

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