Permits, Agency Deference

Major Source Determination/Clean Air Act: Federal Appellate Addresses Whether State Agency's Interpretation Entitled to Deference

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/16/2021

The United States Court of Appeals, Eight Circuit (“Eight Circuit”) addressed in a November 22nd Opinion whether a lignite coal mine obtained the correct Clean air Act (“CAA”) permit. See Voigt v. Coyote Creek Mining Company,...more

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on 8/30/2017

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

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

Foley Hoag LLP - Environmental Law on 9/8/2016

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

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

Foley Hoag LLP - Environmental Law on 8/16/2016

Late last week, the 11th Circuit Court of Appeals rejected challenges to the Army Corps’ Nationwide Permit 21, which allows small surface mining projects to proceed without individual permits under § 404. ...more

Permits › Agency Deference

Major Source Determination/Clean Air Act: Federal Appellate Addresses Whether State Agency's Interpretation Entitled to Deference

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

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

The Arbitrary and Capricious Standard Remains Deferential: The Corps’ Nationwide Permit 21 Survives Review

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