News & Analysis as of

BACT Appeals

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

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

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

Liquid Natural Gas Plant/Clean Air Act: Federal Appellate Court Addresses Challenge to Texas Commission on Environmental Quality...

The United States Court of Appeals for the Fifth Circuit (“Court”) addressed in a November 14th decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) permit issued by the Texas Commission on...more

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

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Natural-Gas-Fired Turbine Air...

The United States Court of Appeals for the First Circuit (“Court”) addressed in a December 17th Decision the issuance of an air permit by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas...more

Smith Gambrell Russell

8th Circuit Confirms Retroactive, New Source Review Enforcement Power

The U.S. Court of Appeals for the 8th Circuit has ruled that the EPA may pursue injunctive relief against emission sources for past violations of new source review (NSR) permit requirements under the Clean Air Act. In the...more

Downey Brand LLP

California Air and Climate Vol. 7: Greenhouse Gas Emissions Targets for Ride-Hailing Companies; USEPA’s Alleged Failure to...

Downey Brand LLP on

California Targets Greenhouse Gas Emissions from Ride-Hailing Companies - At a February 22, 2019 workshop, the California Air Resources Board (“CARB”) unveiled its planned “Clean Miles Standard” that will require...more

Foley Hoag LLP - Environmental Law

A Lumber Mill Biomass CoGen Need Not Consider Other Fuels In Its BACT Analysis. Other Sources Should Be So Lucky.

Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more

Miller Canfield

Major Environmental Decision May Also Expand Right to Appeal In Other State Permitting Cases

Miller Canfield on

A party challenging a state agency’s decision to issue a permit for a project may be allowed a second appeal of right, the Michigan Court of Appeals said in Natural Resources Defense Council v Department of Environmental...more

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