News & Analysis as of

Air Quality Standards

Arkansas State Implementation Plan (Infrastructure)/Clean Air Act: U.S. Environmental Protection Agency Region 6 Announces...

The Region 6 Office of the United States Environmental Protection Agency (“EPA”) in a February 8th news release announced approval of the State of Arkansas’s State Implementation Plan (“SIP”) for administering programs...more

EPA's "Once In, Always In" Policy Is Tossed Out

by Pierce Atwood LLP on

On January 25, 2018, EPA announced that it was withdrawing its “once in, always in” policy for the classification of major sources of hazardous air pollutants (HAPs) under Section 112 of the Clean Air Act. Under its new...more

California Energy Legislation Roundup 2017: A Focus on Protecting the Environment and Environmental Justice

by Morgan Lewis on

For energy industry observers, the 2017 California state legislative session produced a few significant bills (concerning extension of the cap and trade program and regulation of criteria air pollutants and toxic air...more

Unified Agenda of Regulatory and Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The Trump Administration released the Fall edition of the semi-annual Unified Agenda of Regulatory and Deregulatory Actions and the Regulatory Plan (“Plan”). Federal agencies twice a year produce in combination a...more

Ninth Circuit Rejects Challenges to Arizona Highway Project

by Nossaman LLP on

On December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 20-mile South Mountain Freeway Project in Phoenix, Arizona. The decision is the latest in a series of court decisions...more

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Plastic Piping Systems Manufacturer...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tubo-FGS, L.L.C., d/b/a Fiber Glass Systems (“Tubo”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air...more

California Environmental Law & Policy Update - December 2017 #2

by Allen Matkins on

Lawsuit challenges President’s authority to shrink Bears Ears National Monument - The Salt Lake Tribune - Dec 7 A coalition of American Indian tribes, recreation interests including the outdoor clothing manufacturer...more

Arkansas Department of Environmental Quality/Shelby County Health Department Memorandum of Agreement: Crittenden County...

The Arkansas Department of Environmental Quality (“ADEQ”) and Shelby County Health Department-Air Pollution Control Program (“SCHD”) entered into a Memorandum of Agreement (“MOA”) titled: AIR QUALITY MONITORING FOR...more

Pennsylvania DEP Issues New Permits Aimed to Further Regulate Methane Emissions from the Natural Gas Industry

by Steptoe & Johnson PLLC on

On November 30, 2017, the Pennsylvania Department of Environmental Protection issued in final form a new and a revised general permit meant to address methane emissions from the natural gas industry. The permits which were...more

Arkansas Department of Environmental Quality Office of Air Quality Newsletter: Fall 2017 Edition

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality publishes a quarterly newsletter (“Newsletter). The Fall 2017 edition was recently published....more

2015 Ground-Level Ozone National Ambient Air Quality Standards: Arkansas Department of Environmental Quality Notes State-Wide...

The Arkansas Department of Environmental Quality announced that the United States Environmental Protection Agency (“EPA”) has stated that Arkansas is in attainment state-wide with the 2015 Ground-Level National Ambient Air...more

New EPA air emissions reporting requirements start Nov. 15

by Varnum LLP on

Beginning Nov. 15, many livestock farms releasing hazardous substances to the air from animal waste are required to begin reporting air emissions. In 2008, the EPA finalized a rule exempting almost all livestock farms from...more

Arkansas' 1-hr SO2 Saga!!: Stuart Spencer (Arkansas Department of Environmental Quality) Association of Air Pollution Control...

Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer, undertook a presentation at the 2017 Fall Business Meeting of the Association of Air Pollution Control Agencies...more

UK Automotive Round-up – October 2017

by Dentons on

The UK automotive industry is facing an unprecedented range of environmental challenges – and arguably opportunities. The "dieselgate" defeat devices scandal and resulting litigation, the 2040 electric vehicle switchover and...more

Arkansas Department of Environmental Quality 2017 Annual Monitoring Network Plan (Air): October 3rd U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) sent an October 3rd letter to Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer approving the agency’s...more

Meteorological Data: Arkansas Department of Environmental Quality Office of Air Quality Announces Availability of Updated Data

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality announced the availability of updated meteorological data. - The agency states that beginning January 1, 2018, a new 5-year set of data for...more

Air Modeling and Effects Review Applicability: Texas Commission on Environmental Quality Updates Guidance

The Texas Commission on Environmental Quality (“TCEQ”) announced the release of an updated Modeling and Effects Review Applicability guidance document (“Guidance”). See APDG 5874. TCEQ intends for the document to provide a...more

Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the...more

Seven Months into the Trump Administration, Outlook of Controversial Obama-Era Ozone Standard Remains Hazy

by Snell & Wilmer on

The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more

Court Allows Direct Action under California Environmental Quality Act against Local Air Quality Management District

by Clark Hill PLC on

Since 1972, the County of Mendocino (County) had granted land use approvals for aggregate and asphalt production on the site at issue. In 2009, the County updated its General Plan, changing the land use designation of the...more

State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality...

by Downey Brand LLP on

As posted in CEQA Chronicles, on July 17, 2017 the California legislature approved an extension of the state’s greenhouse gas cap-and-trade program from 2020 to 2030. Cap-and-trade is a key program in the state’s efforts to...more

Put Aside Global Warming and Consider Evidence That Air Pollution in the U.S. Harms Local Populations

by Burr & Forman on

Last Thursday, National Public Radio reported on a study published in the New England Journal of Medicine which offers evidence that air pollution continues to kill thousands in the United States every year. ...more

First Appellate District Holds that Air Quality Management District’s Issuance of “Authority to Construct” May Be Challenged Under...

by Downey Brand LLP on

On May 25, 2017, the First Appellate District published a modified version of its unpublished March 23, 2017 opinion, holding that the Mendocino County Air Quality Management District’s (“MCAQMD”) issuance of an “Authority to...more

Safety, Health and Environment Matters - Spring 2017

by DLA Piper on

Shortly before this edition of SHE Matters went to press, the latest developments occurred in the long-running litigation between Client Earth and Government over air quality in the UK, excessive ambient levels of nitrogen...more

Environmental law in the EU: What will happen with emissions limits?

by Dentons on

The need to lay down air emissions limits for large industry has been on the EU’s radar for a long time. It is a question of balance: industry drives economic growth but harms the environment in many ways, including degrading...more

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