News & Analysis as of

Pollution Control Air Quality Standards

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

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,...

Nominee for U.S. Environmental Protection Agency Administrator - Lee Zeldin: National Association of Clean Air Agencies Letter of...

The National Association of Clean Air Agencies (“NACAA”) transmitted a December 18, 2024, letter to Lee Zeldin. Mr. Zeldin is President Trump’s nominee for Administrator of the United States Environmental Protection...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

Mayer Brown

Brazil’s National Policy on Air Quality Passes Houses, with Certain Vetoes

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On May 3, 2024, Brazil’s Federal Law No. 14,850/2024 (the “Regulation”) was passed by the President establishing the National Policy on Air Quality. The Regulation provides for the creation of a unified air quality monitoring...more

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

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Gravette Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and City of Gravette, Arkansas, entered into a February 21st Consent Administrative Order ("CAO") addressing an alleged violation of...more

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

Concrete Batch Plants: Harris County Challenges Amended Air Quality Standard Permit Issued by Texas Commission on Environmental...

Harris County, Texas, and a number of other organizations filed a February 22nd Petition for Judicial Review (“Petition”) in the District Court of Travis County, Texas, against the Texas Commission on Environmental Quality...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Railcar Repair...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and UTC Railcar Repair Services, LLC (“UTC”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing alleged...more

Troutman Pepper Locke

And so It Begins…EPA Issues First Disapproval of Regional Haze Round Two

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For anyone involved in the first round of the Clean Air Act regional haze program, the U.S. Environmental Protection Agency’s (EPA) action on the first business day of 2024 came as no surprise: EPA proposed to disapprove the...more

Robinson+Cole Environmental Law +

EPA to Increase Air Monitoring at Marine Ports

In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Tullahoma Plastics Fabrication Facility

The Tennessee Air Pollution Control Board (“Board”) issued a June 21st proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to JSP International LLC (“JSP”) addressing violation of a Tennessee Air...more

Harris Beach Murtha PLLC

The Effects of the 2022 Ozone Reclassification on Permitting Requirements

Facilities with air emitting sources may suddenly find themselves subject to stringent air emissions standards and permitting requirements despite not making any changes in equipment or operations. Beginning November 7, 2022,...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Springdale Plastic/Wood...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Moistureshield, Inc. (“Moistureshield”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged...more

(ACOEL) | American College of Environmental...

Improving EPA's Latest Ozone Transport Rule

EPA’s latest proposed rule targeting NOx emissions from fossil-fueled electric generating units (EGUs) is a classic study of diminishing returns. It marks the seventh round of NOx controls for the EGU sector since 1990. The...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Alexander Metal Finishing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and PPG Industries, Inc. (“PPG”) entered into a January 24th Consent Administrative Order (“CAO”) addressing alleged violations of an...more

Robinson+Cole Environmental Law +

EPA’s Draft Strategic Plan Emphasizes Environmental Justice

On October 1, 2021, the U.S. Environmental Protection Agency (EPA) released its new Draft Strategic Plan for 2022 through 2026 (Strategic Plan). EPA is required to develop the Strategic Plan to communicate EPA’s priorities...more

Downey Brand LLP

California Air and Climate Vol 19: New Indirect Source Rule for Warehouses in Southern California; CARB Adopts Clean Miles...

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South Coast Air Quality Management District Adopts Indirect Source Rule for Warehouses - Earlier this month, the South Coast Air Quality Management District (SCAQMD) adopted Rule 2305 or the Warehouse Indirect Source Rule...more

Snell & Wilmer

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 2

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The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus...more

Snell & Wilmer

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 1

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As industrial facilities go, distribution warehouses are clean, non-polluting operations. They generally do not operate industrial furnaces, boilers, compressors, pumps, tanks or other major stationary sources of air...more

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

Air Monitoring/Clean Air Act: U.S. Environmental Protection Agency Announces Grant to Support Arkansas Fine Particulate Matter...

The United States Environmental Protection Agency (“EPA”) issued a June 16th news release stating that it has awarded $1,137,068 to the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”)...more

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

Particulate Matter NAAQS/Clean Air Act: U.S. Environmental Protection Agency Retains Current Standard

The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard includes...more

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

Arkansas Department of Energy and Environment- Department of Environmental Quality State of the Air: 2019 Report Issued

The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment (“ADEE”), Division of Environmental Quality (“DEQ”) released its annual State of the Air Report (“Report”) on February 29th. Prior to...more

Allen Matkins

California Environmental Law & Policy Update - February 2020 #4

Allen Matkins on

FERC orders draining of Santa Clara County’s biggest reservoir due to risk of earthquake collapse - The Mercury News – February 25 - In a dramatic decision that could significantly impact Silicon Valley’s water...more

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

Air Permitting/Emissions: Arkansas Department of Energy and Environment - Division of Environmental Quality Announces On-Track...

The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment – Division of Air Quality issued a news release announcing a new assistance program (“Program”) for facilities subject to permitting for...more

Stoel Rives - Environmental Law Blog

Southern California Environmental Law Update

This is the first in a series of posts to provide the latest on environmental and legal developments affecting oil and gas operations and development and other industries in Los Angeles and adjacent counties, as well as the...more

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