Citizen Suit Action/Clean Air Act: Sierra Club Lawsuit Addressing Woodville, Texas, Wood Pellet Manufacturing Facility

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Sierra Club filed on August 18th in the United States District Court for the Eastern District of Texas a Complaint against Woodville Pellets, LLC (“Woodville”) alleging violations of the Clean Air Act.

The Complaint states that Woodville operates a wood pellet manufacturing facility (“Facility”) in Woodville, Texas.

The Complaint is filed pursuant to the citizen suit provisions of the Clean Air Act.

The Facility is stated to emit volatile organic compounds (“VOCs”), particulate matter, hazardous air pollutants (“HAPs”), nitrogen oxides, sulfur dioxide, and carbon monoxide. Such emissions are stated to be subject to regulation under a State Implementation Plan (“SIP”) permit.

The Complaint also alleges that the Facility has utilized bypass stacks to circumvent air pollution controls that will reduce emissions from its furnaces and wood dryers. It is alleged that the SIP permit does not authorize use of such bypass stacks.

The Complaint alleges noncompliance with the Clean Air Act and the Texas SIP permit because certain specified units are alleged to emit more than 500 tons of unpermitted VOCs and dozens of tons of unpermitted HAPs per year when operating.

The Complaint seeks injunctive relief, imposition of civil penalties and associated costs of litigation.

A copy of the Complaint can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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