News & Analysis as of

National Emissions Standards Air Pollution Clean Air Act

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

New Source Performance Standards/National Emission Standards for Hazardous Air Pollutants: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a pre-publication version of a proposed rule that would remove affirmative defense provisions from certain Clean Air Act New Source Performance Standards...more

Jones Day

EPA Finalizes New Emission Standards for Heavy-Duty Vehicles

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The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more

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

Start Up/Shut Down/Malfunction/Clean Air Act: U.S. Court of Appeals for the D.C. Circuit Addresses U.S. Environmental Protection...

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed in a March 1st Opinion an issue addressing start up, shut down and malfunction (“SSM”) provisions. See Environmental Committee of the Florida...more

Ballard Spahr LLP

EPA Proposes to Extend Air Transport Rule to Five More States

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The Environmental Protection Agency (EPA) intends to require power plants and other stationary sources in five additional states to comply with the Good Neighbor Plan to ensure that these states do not unlawfully contribute...more

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

Hazardous Air Pollutants/Clean Air Act: U.S. Environmental Protection Agency Proposed Rule Addressing Issues Associated with...

The United States Environmental Protection Agency (“EPA”) published in the September 13th Federal Register a proposed rule that would amend the general provisions for Clean Air Act National Emission Standards for Hazardous...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

Barnea Jaffa Lande & Co.

"Dieselgate" Effect: Israel Changes Rules of Game for Class Actions over Environmental Damage

Barnea Jaffa Lande & Co. on

The Tel Aviv District Court recently allowed a motion to certify a class action against the Volkswagen Group and its importer in Israel, Champion Motors Ltd. The class action focuses on the Dieselgate scandal, after an...more

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

Public Health Air Quality Act of 2022: Congressional Legislation Introduced to Expand Fenceline/Ambient Air Monitoring

Congressman Rochester (Delaware) and Senator Duckworth (Illinois) have introduced S.4510 which is denominated the Public Health Air Quality Act of 2022 (“S.4510”). The legislation addresses Clean Air Act monitoring...more

ArentFox Schiff

EPA Lifts 18-Year Stay on Formaldehyde Emissions Standards for Gas Turbines

ArentFox Schiff on

On February 28, 2022, the U.S. Environmental Protection Agency (EPA) lifted a nearly two-decade long stay on formaldehyde air emissions limits for two types of stationary combustion turbines. ...more

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

Air Enforcement: U.S. Environmental Protection Agency and North Attleborough, Massachusetts Concrete Production Facility Enter...

The United States Environmental Protection Agency (“EPA”) and Boro Sand and Stone, Corp. (“Boro”) entered into a January 30th Consent Agreement and Final Order (“CA”) addressing alleged violations of a Clean Air Act air...more

Vinson & Elkins LLP

VOC Emissions from Upstream Oil and Gas Operations: EPA Kicks Off 2020 Clean Air Enforcement with Two Significant Settlements

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Last week, the EPA announced two significant settlements for violations of the Clean Air Act relating to emissions of volatile organic compounds (“VOCs”) from upstream oil and gas production facilities. These enforcement...more

Sheppard Mullin Richter & Hampton LLP

Politics Trumps Economics? Trump’s Revocation of California’s Waiver Under the Clean Air Act

Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more

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

Miscellaneous Coating Manufacturing/NESHAP: U.S. Environmental Protection Agency Proposed Residual Risk and Technology Review

The United States Environmental Protection Agency (“EPA”) published a September 4th Federal Register Notice proposing the results of a Residual Risk and Technology Review (“RTR”) of the Clean Air Act National Emission...more

Perkins Coie

D.C. Circuit Dismisses Clean Air Act Challenge to New EPA Policy Memorandum, Finding No “Final Agency Action”

Perkins Coie on

The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...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

Jackson Walker

Trying to Thread a Very Fine—and Possibly Non-Existent—Needle: EPA Proposes to Withdraw a Necessary Underpinning of the Mercury...

Jackson Walker on

In December 2011, the EPA announced the Mercury and Air Toxics Standards under Section 112 of the Clean Air Act (CAA), commonly referred to as the MATS rule. The MATS rule governs the emission of mercury from electric power...more

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

Alabama Department of Environmental Management and Operator of Washington County, Alabama, Gas Production, Treating and Processing...

The Alabama Department of Environmental Management (“ADEM”) and American Midstream Chatom, LLC (“AMC”) entered into a January 11th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No.:...more

Foley & Lardner LLP

Oilfield Operators Take Note: EPA is Poised to Relax Your Vapor Monitoring Deadlines and Streamline Your Bureaucratic Layers

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Oilfield operators of every size have been busy implementing the Obama Administration’s labor-intensive requirements to detect and repair vapor leaks from well site equipment, often called the Quad Oa requirements, in...more

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

NESHAP/Air Enforcement: U.S. Environmental Protection Agency and Alliance, Ohio Steel Foundry Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Alliance Castings Company, LLC (“Alliance”) entered into an August 23rd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Air Act...more

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

Title V Air Permit: New Jersey Appellate Court Addresses Whether Modification Required Public Emergency Response Plan

The Supreme Court of New Jersey (Appellate Division) (“Court”) addressed in a December 1st opinion whether the New Jersey Department of Environmental Protection (“DEP”) issuance of a modified air pollution control operating...more

Jones Day

EPA Memo Signals Plant Improvement Opportunities

Jones Day on

A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more

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

NESHAP/Air Enforcement: Alabama Department of Environmental Management and Tuscaloosa County, Alabama Dry Cleaning Facility Enter...

The Alabama Department of Environmental Management (“ADEM”) and Vardaman Enterprises, Inc., d/b/a Jerry’s Cleaners (“VEI”) entered into a September 14th Consent Order (“CO”) addressing alleged National Emission Standard for...more

Pierce Atwood LLP

Pierce Atwood Environmental Regulatory Compliance Calendar

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Federal - Notice of Availability of the Environmental Protection Agency’s Two Updated Chapters in the EPA Air Pollution Control Cost Manual - EPA is making two finalized chapters of the EPA Air Pollution Control...more

Burr & Forman

Air Emissions Regulated Under RCRA?

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Certain regulated entities that operate under Clean Air Act permits are being reminded that those permits do not necessarily cover air emissions associated with the management of hazardous wastes regulated by the federal...more

Ballard Spahr LLP

EPA Solicits Comments on Next Steps Toward Designating Regions Needing Stricter Controls of Sulfur Dioxide Air Emissions

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The U.S. Environmental Protection Agency (EPA) is requesting comment by March 31, 2016, on its intention to designate previously uncharacterized areas of the country with particularly large sources of sulfur dioxide (SO2)...more

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