In a move aimed to prioritize cooperative federalism and “ensure certainty for American businesses,” EPA has released new guidance outlining EPA’s expectations for Title V permit renewals, particularly in cases where the...more
The United States Environmental Protection Agency (“EPA”) issued a January 6th Order Denying a petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for Highpoint Operating Corporation...more
The United States Environmental Protection Agency (“EPA”) issued a January 6th Order denying a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Holly Energy Partners, L.P.,...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“ADEQ”) and Covia ISP, Inc. (“Covia”) entered into a March 11th Consent Administrative Order (“CAO”) addressing an alleged violation of a...more
The United States Environmental Protection Agency (“EPA”) and FiberPro, Inc. (“FI”) entered into a January 22nd Consent Agreement and Final Order (“CAFO”) addressing alleged violations of a Clean Air Act Title V Permit. See...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
On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense to liability for excess emissions caused by emergency events. A group of...more
The Center for Biological Diversity (“CBD”) filed a Complaint in the District Court, Morgan County, Colorado against the Colorado Department of Public Health and Environment (“Colorado”) in regard to a beef processing...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
Owners and operators of facilities subject to permitting under the Clean Air Act’s Title V permit program have cause for rejoicing. Title V permittees have just seen their fortunes improve, if only in a narrow way, with the...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Jack Batte and Sons Inc. (“JBS”) entered into a September 8th Agreed Order (“AO”) addressing an alleged violation of an Air Permit. See Order No. 7552 25....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
Key Takeaways What Happened? The U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) recently overturned the U.S. Environmental Protection Agency’s (EPA’s) 2023 final rule rescinding the affirmative...more
The D.C. Circuit held that EPA failed to adequately justify its rescission of the longstanding affirmative defense for emergency-related emissions exceedances under the Clean Air Act’s Title V program. The Court emphasized...more
On September 5, 2025, the DC Circuit issued its opinion in SSM Litigation Group v. EPA, reversing EPA’s rescission of the longstanding emergency event affirmative defense under Title V of the Clean Air Act (“CAA”). The...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 Tennessee Air Pollution Control Board (“Board”) issued a July 31st Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Lodge Manufacturing Company (“Lodge”) addressing alleged violations of a...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Hankins Lumber Company Inc. (“Hankins”) entered into an April 30th Agreed Order (“AO”) addressing alleged violations of a Title V Operating Permit. See Order...more
The Center for Biological Diversity (“CBD”) filed a June 6th Petition to Object addressing the Bonanza Explorations’, Inc. Clean Air Act Title V Permit renewal.’ The Petition objects to the renewal of a Title V Operating...more
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
The Tennessee Air Pollution Control Board issued a February 24th Technical Secretary’s Proposed Order and Assessment of Civil Penalty (“Order”) to Bonnell Aluminum, Inc. (“Bonnell”) addressing an alleged Air Permit violation....more
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
The Alabama Department of Environmental Management (“ADEM”) and Scotch and Gulf Lumber, LLC (“Scotch”) entered into a December 11th Consent Order (“CO”) addressing an alleged violation of a Clean Air Act Title V Major Source...more
The Sierra Club and three other environmental organizations filed the following document before the Administrator of the Environmental Protection Agency (“EPA”) on December 3rd: Petition to Object to the Title V Operating...more
On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review...more