On June 1, 2026, U.S. EPA issued a direct final rule rescinding a 2023 rule that eliminated the Affirmative Defense provisions from state and federal Title V operating permit programs (the “Direct Final Rule”)....more
On May 28, the US Environmental Protection Agency (EPA) issued a final rule that reinstates the longstanding emergency affirmative defense provision under the Clean Air Act’s Title V operating permit programs (the “Emergency...more
Key Takeaways - Denver’s Regional Air Quality Council (RAQC) is developing Indirect Source Rules (ISRs) to curb emissions from trucks and passenger vehicles by regulating facilities such as warehouses, entertainment...more
Last fall, the Environmental Protection Agency (“EPA”) gave project developers a valuable thing in Clean Air Act permitting: a usable bright line....more
On April 10, 2026, U.S. EPA proposed to redesignate the Cleveland, Ohio area to attainment for the 2015 ozone National Ambient Air Quality Standards (NAAQS) (the Proposed Rule) – an action that, if finalized, will facilitate...more
On March 23, 2026, in a decision consequential to regulated Maricopa County businesses and those looking to relocate or expand, the U.S. Environmental Protection Agency (EPA) declined to reclassify the Phoenix-Mesa ozone...more
Sierra Club and Adrien Webber (collectively, “Sierra Club”) filed a Petition for Hearing (“Petition”) in the Office of State Administrative Hearings appealing the issuance of a Title V Air Quality Permit amendment...more
The National Parks Conservation Association and Sierra Club (collectively, “NPCA”) and the Colorado Attorney General (“AG”) filed separate Petitions before the United States Court of Appeals for the 10th Circuit challenging...more
A little over a month ago, the Georgia Environmental Protection Division (EPD) approved permits for four new dual-fuel combustion turbines to be used at Georgia Power’s Plant Bowen, a huge coal-fired facility located just a...more
On February 27, 2026, U.S. EPA issued a proposed rule that, if finalized, would position the Cleveland, Ohio Nonattainment Area for redesignation to attainment of the 2015 ozone National Ambient Air Quality Standard (NAAQS)....more
The United States Environmental Protection Agency (“EPA”) issued a memorandum on February 19th addressing the Clean Air Act Regional Haze program styled: Update to Guidance on Regional Haze State Implementation Plans for...more
The Environmental Law & Policy Center (“ELPC”) along with 5 other organizations filed a Title V Petition to Object (“Petition”) before the United State Environmental Protection Agency (“EPA”) related to the BP Products North...more
The Harris County, Texas Attorney’s Office (“Harris County”) filed a Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to the ExxonMobil Corporation’s Baytown...more
The State of Arkansas and 17 other Attorney Generals filed December 1st Comments addressing an October 2nd Advanced Notice of Proposed Rulemaking (“ANPR”) issued by EPA styled: Visibility Protection: Regional Haze State...more
The Environmental Defense Fund and eleven other environmental organizations filed December 1st Comments addressing an October 2nd Advanced Notice of Proposed Rulemaking (“ANPR”) issued by EPA styled: Visibility Protection:...more
Six environmental organizations submitted November 7th comments to the Alabama Department of Environmental Management (“ADEM”) on the State’s Regional Haze State Implementation Plan (“SIP”) for the Second Planning Period....more
Last week, the Environmental Protection Agency issued its “Policy on Provisions to Allow Wildland Prescribed Fire in Clean Air Act State Implementation Plans” in accordance with Section 4 (Strengthening Wildfire Mitigation)...more
Harris County, Texas filed a Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Lubrizol Corp. (“Lubrizol”) Deer Park Plant. See Title V Air Operating Permit...more
The Sierra Club and other organizations filed in the United States District Court for the Northern District of California (“Court”) a September 2nd Complaint for Injunctive and Declaratory Relief (“Complaint”) against the...more
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued on September 15th a report titled: Evaluation of the EPA’s Oversight of State and Local Ambient Air Monitoring Operating...more
The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a hearing on June 11, titled: Short-Circuiting Progress: How the Clean Air Act Impacts Building Necessary...more
On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on August 6th to the United States Environmental Protection Agency (“EPA”) a document titled: ARKANSAS AMBIENT AIR...more
The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more
EPA recently redesignated the Northern Wasatch Front and the Uinta Basin ozone nonattainment areas based on data demonstrating that the areas failed to meet the 2015 ozone National Ambient Air Quality Standard (NAAQS) by...more