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
The Sierra Club sent a Notice of Intent to file suit to the United States Environmental Protection Agency (“EPA”) for failure to undertake a nondiscretionary duty under the Clean Air Act....more
U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan (“Administrator”) in an October 12th letter responded to a Petition for Reconsideration submitted by the Sierra Club, Environmental Defense Fund,...more
The Sierra Club, Environmental Integrity Project, and Natural Resources Defense Council (collectively “Sierra Club”) filed a September 9th citizen suit Complaint for Injunctive and Declaratory Relief (“Complaint”) against the...more
The Sierra Club and two other environmental organizations (collectively “Sierra Club”) sent a May 28th Clean Air Act Notice of Intent to Sue (“Notice”) to United States Environmental Protection Agency (“EPA”) Administrator...more
As regular readers know, the tension between guidance and regulation is one of my favorite topics. My view is that, in general, guidance is too often used simply to avoid notice and comment rulemaking and that, once issued,...more
Arkansas Department of Environmental Quality (“ADEQ”) Associate Director, Office of Air Quality, Stuart Spencer, undertook a presentation at the 2017 Fall Business Meeting of the Association of Air Pollution Control Agencies...more
On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the...more
Earlier this week, a divided 9th Circuit Court of Appeals affirmed entry of a consent decree between the Sierra Club and EPA, resolving litigation over EPA’s failure to promulgate attainment designations for the sulfur...more
In this Issue: - EPA Issues SIP Call to Eliminate SSM Defense - EPA and Corps Define “Waters of The United States” - Frequent Questions: EPCRA 313 - Generators Need to be Vigilant About TCLP Sampling...more
The U.S. Environmental Protection Agency (EPA) and the Sierra Club have entered into a proposed consent decree that would partially resolve a lawsuit brought by the Sierra Club against the agency. Notice of the proposed...more
Operating conditions during periods of startup, shutdown, and malfunction (SSM) are not normal and often result in unrepresentative emissions that exceed permitted limitations. Originally published in The Natural Gas &...more