News & Analysis as of

Pollution Control Air Pollution

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Garfield County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis Medical School Complex Enter into Administrative Order on...

The Missouri Department of Natural Resources (“MDNR”) and The Washington University (“WU”) entered into a May 2nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more

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

Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical...

The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No....more

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

Common Law Action/Class Action Complaint: Washington County, Arkansas Circuit Court Action Filed Against Springdale Landfill

Three individuals (collectively, “Plaintiffs”) filed on April 18th a class action Complaint (“Complaint”) against Eco-Vista, LLC (“Eco-Vista”), in the Circuit Court of Washington County, Arkansas. See 72CV-25-1748....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Steel Mill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor-Yamato Steel Company (“Nucor”) entered into a March 24th Consent Administrative Order (“CAO”) addressing an alleged...more

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

FY 2026 Federal Grant Funding for State and Local Clean Air Agencies: National Association of Clean Air Agencies Recommendations

The National Association of Clean Air Agencies (“NACAA”) issued a document titled: Recommendations for FY 2026 Federal Grant Funding for State and Local Clean Air Agencies (“Recommendations”)....more

Williams Mullen

Frequently Asked Air Questions (FAAQs): Synthetic Minor Permits, One-Time Doubling & Sham Permits

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Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Grainger County Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Air Curtain Incinerator...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

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

Air Enforcement; Missouri Department of Natural Resources and West Plains Lumber Coating Facility Enter into Administrative Order...

The Missouri Department of Natural Resources (“MDNR”) and AHF, L.L.C. d/b/a AHF of Pennsylvania, LLC (“AHF”) entered into a February 11th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri...more

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

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Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more

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

Hydrogen Fluoride/Domestic Oil Refining: Clean Air Council Submits Toxic Substances Control Act Petition to U.S. Environmental...

The Clean Air Council and two other environmental organizations filed a February 11th submission with the United States Environmental Protection Agency (“EPA”) styled:                                 PETITION TO PROHIBIT...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Bradley County Ready Mix Concrete Facility

The Tennessee Air Pollution Control Board (“Board”) issued a January 22nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Smyrna Ready Mix Concrete, LLC (“Smyrna”) addressing an alleged violation of...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Scotia, California Biomass Facility

The Environmental Protection Information Center and Humboldt Coalition for Clean Energy (collectively, “EPIC”) filed a January 3rd Title V Petition to Object (“Petition”) before the United States Environmental Protection...more

Goldberg Segalla

SCOTUS Declines to Review EPA’s Authority on California’s Vehicle Emission Standards

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In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more

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

Air Enforcement/Self-Disclosure: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hoover Treated Wood Products, Inc. (“Hoover”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Assessment Addressing Cleveland Food Preparation Facility

The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Proposed Order and Assessment of Civil Penalty (“Order”) to Newly Weds Foods, LLC (“NWF”) addressing an alleged violation of the Tennessee Air...more

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

Air Enforcement: Missouri Department of Natural Resources and Washington County Tire Processing Facility Enter into Administrative...

The Missouri Department of Natural Resources (“MDNR”) and Purcell Tire & Rubber Company (“Purcell”) entered into an October 22nd Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri Air...more

Womble Bond Dickinson

Keep Your Cool: EPA Expands Requirements to Address Leaks of Climate Super Pollutant Hydrofluorocarbons from...

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On October 11, 2024, the Environmental Protection Agency (EPA) published its latest rule in a suite of measures to address hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act....more

Troutman Pepper Locke

EPA’s Newest Emission Reduction and Reclamation Program Breaks Refrigerants and Cooling Status Quo

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The U.S. Environmental Protection Agency (EPA) has finalized regulations impacting a large swath of refrigeration and cooling equipment industries. The new regulations are the most recent EPA action addressing the use of...more

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

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On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

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

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) sent an August 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Under the Clean Air Act for Failure to Issue or Deny a...more

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

Air Enforcement: Wisconsin Attorney General and Manitowoc Liquid Smoke Manufacturing Facility Enter into Settlement

The State of Wisconsin through its Attorney General (“AG”) entered into a Stipulation of Judgement (“Judgement”) with Kerry Inc. (“KI”) addressing alleged violations of the Wisconsin Air Emission Laws. See State of Wisconsin...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

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

Stormwater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Atkins Chicken...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Twin Rivers Foods, Inc. (“Twin Rivers”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged...more

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