News & Analysis as of

Clean Air Act Sierra Club

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

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,...

Regional Haze/State Implementation Plans: U.S. Environmental Protection Agency and Sierra Club Enter into Consent Decree Providing...

The United States Environmental Protection Agency (“EPA”) and Sierra Club entered into a July 12th Consent Decree (“CD”) addressing agency review of 32 states’ Clean Air Act State Implementation Plans (“SIP”) related to...more

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

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: Sierra Club Petition to Object to Berkley County, South Carolina, Aluminum Reduction Minor Permit...

The Sierra Club and Environmental Integrity Project (collectively, “Sierra Club”) submitted a June 9th Clean Air Act Title V objection styled: Petition Requesting that the Administrator Object to the Minor Permit...more

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

Stationary Combustion Engines/New Source Performance Standards: Environmental Defense Fund and U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) published in the June 13th Federal Register a notice that it had entered into a Consent Decree with the Sierra Club and Environmental Defense Fund (collectively...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

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On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

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

Stationary Combustion Engines/New Source Performance Standards: Environmental Organizations File Citizen Suit Action Against U.S....

The Sierra Club and the Environmental Defense Fund (collectively, “Sierra Club”) filed a December 8th Clean Air Act citizen suit action against the United States Environmental Protection Agency (“EPA”) alleging a failure to...more

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

Steam Electric Station/Rusk County, Texas: Sierra Club Notice of Intent of Sue U.S. Environmental Protection Agency for Alleged...

The Sierra Club sent a Notice of Intent to file suit to the United States Environmental Protection Agency (“EPA”) for failure to undertake a nondiscretionary duty under the Clean Air Act....more

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

Startup Shutdown Malfunction/Clean Air Act NSPS: Environmental Organizations Petition U.S. Environmental Protection Agency Seeking...

The Sierra Club and a number of other environmental organizations sent a September 13th document to the United States Environmental Protection Agency (“EPA”) titled: Petition for Rulemaking to Eliminate Startup,...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants Petition Objecting to Cambria County, Pennsylvania, Power Plant

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 7th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) to the Colver Power...more

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

Title V/Clean Air Act: Sierra Club Petition for Objection to Permit Revision for Pinal County, Arizona, Generating Station

The Sierra Club filed an objection to a Clean Air Act Title V Revised Operating Permit before the Administrator of the United States Environmental Protection Agency (“EPA”) through a document styled: PETITION FOR OBJECTION...more

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

Regional Haze/Sierra Club Notice of Intent to Sue: Alleged U.S. Environmental Protection Agency Failure to Make Statutory...

The Sierra Club submitted a February 7th letter to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to File Suit Under the Clean Air Act for Failure to Make Statutory Completeness...more

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

Project Emissions Accounting Rule/New Source Review: U.S. Environmental Protection Agency Denies Sierra Club Petition for...

U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan (“Administrator”) in an October 12th letter responded to a Petition for Reconsideration submitted by the Sierra Club, Environmental Defense Fund,...more

Troutman Pepper

Biden EPA Decides to Keep a Trump EPA NSR Rule … For Now

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The Biden EPA just did something unexpected — it decided to keep a Trump EPA rule, at least for the time being. The rule, known as “project emissions accounting” under the “New Source Review” (NSR) air permitting program,...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to University of North Carolina at Chapel Hill Air...

The Center for Biological Diversity (“CBD”) filed a Petition to Object (“Petition”) to Air Quality Permit No. 03069T36 for the University of North Carolina at Chapel Hill issued by the North Carolina Department of...more

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

Startup, Shutdown and Malfunction/State Implementation Plans: Sierra Club Judicial Complaint Alleges U.S. Environmental Protection...

The Sierra Club, Environmental Integrity Project, and Natural Resources Defense Council (collectively “Sierra Club”) filed a September 9th citizen suit Complaint for Injunctive and Declaratory Relief (“Complaint”) against the...more

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

PSD/Air Enforcement: Federal Appellate Court (Eighth Circuit) Addresses Injunctive Relief Authority

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Lake County, Indiana, Refinery

The Environmental Integrity Project and Sierra Club (collectively “Petitioners”) filed a July 22nd Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related...more

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

Title V/Clean Air Act: Environmental Integrity Project Lawsuit Challenges U.S. Environmental Protection Agency's Alleged Failure...

The Environmental Integrity Project (“EIP”) and three other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia...more

Foley & Lardner LLP

Revival of the General Duty Clause

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In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

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

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

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...more

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

Citizen Suit Action/Clean Air Act: Sierra Club Judicial Action Challenging Colorado Department of Public Health and Environment...

The Center for Biological Diversity and Sierra Club (collectively “Sierra Club”) filed a Complaint in District Court (Adams County, Colorado) challenging the Colorado Department of Public Health and Environment, Air Pollution...more

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

SO2/NAAQS – Missouri/Louisiana: Sierra Club Notice of Intent to Sue U.S. Environmental Protection Agency Alleging Delay in Making...

The Sierra Club and two other environmental organizations (collectively “Sierra Club”) sent a May 28th Clean Air Act Notice of Intent to Sue (“Notice”) to United States Environmental Protection Agency (“EPA”) Administrator...more

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

Title V/Clean Air Act: Federal Appellate Court Addresses Challenge Based on Alleged Invalidity of Preconstruction Permit

The United States Court of Appeals, Fifth Circuit (“Court”) addressed in a May 29th decision a challenge to a Clean Air Act (“Act”) Title V Permit issued to an ExxonMobil Baytown, Texas Olefin plant (“Plant”). See...more

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