Permits, Appeals, Sierra Club

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/9/2020

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

Because I Didn’t Say So!

(ACOEL) | American College of Environmental... on 8/6/2019

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

Currents - Energy Industry Insights - September 2018 #2

Spilman Thomas & Battle, PLLC on 9/14/2018

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...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

"D.C. Circuit Decision May Significantly Impact the Process for Obtaining Clean Air Act Permits"

Skadden, Arps, Slate, Meagher & Flom LLP on 2/28/2013

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