News & Analysis as of

Environmental Protection Agency (EPA) Sierra Club Air Pollution

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

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,...

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

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 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,...

Intervention Status Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) on November 25, 2019 in the United States Court of Appeals for the Eighth Circuit challenging...more

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

Case Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

As first reported here on December 13th, the Sierra Club and National Parks Conservation sociation (collectively “Sierra Club”) recently filed a Petition for Review (“Petition”) in the United States Court of Appeals for the...more

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

Regional Haze/Arkansas: Sierra Club Petition for Review Challenging U.S. Environmental Protection Agency Approval of Plan...

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) challenging the United States Environmental Protection Agency (“EPA”) approval of revisions to...more

(ACOEL) | American College of Environmental...

Because I Didn’t Say So!

Major sources of air pollution must obtain a Clean Air Act Title V permit under their state’s EPA- approved implementation plan. Permits, of course, can be challenged. By petition to the EPA Administrator, the Sierra Club...more

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

Title V/Clean Air Act: D.C. Circuit Addresses Venue

The District of Columbia United States Court of Appeals (“Court”) addressed in a June 14th opinion a title V Clean Air Act judicial review issue. See Sierra Club v. Environmental Protection Agency, 2019 WL 2479448. The...more

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

Coke Oven Source Categories/Clean Air Act: Citizens Suit Alleges EPA Violation of Non-Discretionary Duty

The Sierra Club and other environmental organizations (collectively “Sierra Club”) filed an April 15th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Environmental Protection Agency...more

Foley Hoag LLP - Environmental Law

Sometimes Guidance Actually Provides Guidance

As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued,...more

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

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

Williams Mullen

Air Program Malfunction Exemption Nixed, But Not Agency Discretion

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Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and...more

Williams Mullen

Environmental Notes - May 2016

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The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...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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