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Motor Vehicle Idling/Air Enforcement: Conservation Law Foundation and Connecticut School Bus Operator Enter into Consent Decree

The Conservation Law Foundation, Inc. (“CLF”), and DATTCO, Inc. (“DATTCO”), entered into a Consent Decree (“CD”) addressing alleged violations of the Connecticut Clean Air Act State Implementation Plan provisions addressing...more

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants Petition Objecting to Robertson County, Texas, Lignite-Fired...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued an October 15th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) for the Oak...more

Project Emissions Accounting Rule/New Source Review: U.S. Environmental Protection Agency Denies Sierra Club Petition for...

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

Title VI Civil Rights Complaint/Port Arthur, Texas, Petroleum Coke Production Facility: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) accepted pursuant to an October 15th letter an Administrative Complaint filed against the Texas Commission on Environmental Quality (“TCEQ”) by Lone Star Legal Aid...more

PFAS: U.S. Environmental Protection Agency Announces Comprehensive National Strategy

United States Environmental Protection Agency (“EPA”) Administrator Michael Regan announced on October 18th what is described as a “Comprehensive National Strategy to Confront PFAS Pollution” (“Strategy”). The Strategy...more

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to University of North Carolina at Chapel Hill Air...

The Center for Biological Diversity (“CBD”) filed a Petition to Object (“Petition”) to Air Quality Permit No. 03069T36 for the University of North Carolina at Chapel Hill issued by the North Carolina Department of...more

Air Enforcement: United States Department of Justice and New York City/Department of Education Enter into Consent Judgment to...

The United States Department of Justice (“DOJ”) and the City of New York and New York City Department of Education (“DOE”) entered into a September 27th Consent Judgment (“CJ”) addressing alleged violations of the Clean Air...more

National Environmental Policy Act: Council of Environmental Quality Proposal to Withdraw Trump Era Rules

The Council on Environmental Quality published in the October 7th Federal Register at Notice of Proposed Rulemaking (“NPR”) to withdraw certain Trump Administration revisions to its National Environmental Policy Act (“NEPA”)...more

Fugitive Emissions/Clean Air Act: Federal Court Addresses Whether Mine Facility Should Have Obtained Title V Permit

A United States District Court (D. Colorado) (“Court”) addressed in a September 30th Order an issue arising in a Clean Air Act citizen suit related to a coal mine. See WildEarth Guardians, et al. v. Mountain Coal Company, and...more

Startup, Shutdown, and Malfunctions/State Implementation Plans: U.S. Environmental Protection Agency Withdrawal of October 9,...

The United States Environmental Protection Agency (“EPA”) issued on September 30th a memorandum (“2021 Memorandum”) titled: Withdrawal of the October 9, 2020, Memorandum Addressing Startup, Shutdown, and Malfunctions in...more

Air Enforcement: United States Department of Justice/State of Michigan and Northville, Michigan, Landfill Gas-to-Energy Facility...

The United States Department of Justice (“DOJ”) on behalf of the United States Environmental Protection Agency and the State of Michigan entered into a September 9th Consent Decree (“CD”) with Arbor Hills Energy, LLC (“AHE”)...more

Startup, Shutdown and Malfunction/State Implementation Plans: Sierra Club Judicial Complaint Alleges U.S. Environmental Protection...

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Bradley County Hardwood...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and AHF, LLC (“AHF”), entered into a July 22nd Consent Administrative Order (“CAO”) addressing alleged violations of an air permit....more

Aviation Gas/Clean Air Act: Friends of the Earth Petitions U.S. Environmental Protection Agency for Endangerment Finding

Earthjustice submitted an August 24th Petition to the United States Environmental Protection Agency (“EPA”) asking that it make an endangerment finding under Section 231 of the Clean Air Act in regards to aviation gasoline...more

PSD/Air Enforcement: Federal Appellate Court (Eighth Circuit) Addresses Injunctive Relief Authority

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed in an August 20th Opinion whether a federal court had the authority to order injunctive relief for past violations of the Clean Air Act....more

Title V/Clean Air Act: Petition to Object Filed Addressing Lake County, Indiana, Refinery

The Environmental Integrity Project and Sierra Club (collectively “Petitioners”) filed a July 22nd Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) Administrator related...more

Designation of PFAS as CERCLA Hazardous Substances/Wastewater - Drinking Water Utility Exemption: American Water Works Association...

The American Water Works Association (“AWWA”) sent a July 19th letter to the Chairman and Ranking Member of the United States House of Representatives Committee on Rules urging support for an amendment (“Amendment 18”) to the...more

Overdue Residual Risk and Technology Reviews/Clean Air Act NESHAP: U.S. EPA Office of Inspector General Project Notification

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a June 25th Project Notification titled: Overdue Residual Risk and Technology Reviews (“Notification”) - The...more

Aerosol Coatings/VOC Emission Standards: U.S. Environmental Protection Agency to Initiate Rulemaking

The United States Environmental Protection Agency (“EPA”) stated that it will initiate rulemaking in 2021 to amend the national volatile organic compound (“VOC”) emission standards for the Aerosol Coatings category under...more

Federally Permitted Releases/CERCLA: Federal Appellate Court Addresses Whether a Clean Air Act Permit Notification Qualifies

The United States Court of Appeals for the Third Circuit (“Third Circuit”) in a June 21st Opinion interpreted the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) or (“Superfund”) phrase...more

State Implementation Plans/Clean Air Act: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a June 14th report titled: EPA Has Reduced its Backlog of State Implementation Plans Submitted Prior to 2013 but...more

Particulate Matter/Clean Air Act National Ambient Air Quality Standard: U.S. Environmental Protection Agency Announces...

The United States Environmental Protection Agency (“EPA”) announced in a June 10th news release that it will reconsider the Trump Administration’s decision to retain the particulate matter (“PM”) Clean Air Act National...more

Air Enforcement: U.S. Department of Justice/State of Indiana and Greencastle, Indiana, Cement Manufacturing Facility Enter into...

The United States Department of Justice and the State of Indiana (collectively “DOJ”) entered into a June 3rd Consent Decree (“CD”) with Lone Star Industries, Inc., (“LSI”) addressing alleged Clean Air Act violations. See...more

Asbestos/Criminal Enforcement: U.S. Department of Justice Announces Guilty Plea by Company's Vice President for Property...

The United States Department of Justice (“DOJ”) issued a May 21st news release stating that Roger Osterhoudt pleaded guilty to negligently releases asbestos which violated the Clean Air Act. Mr. Osterhoudt is stated to...more

Title V/Clean Air Act: U.S. Environmental Protection Agency Addresses Petition Objecting to Natural Gas-Fired Power Generating...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a May 10th Order responding to a Petition (“Petition”) requesting objection to the issuance of Title V Operating Permits for the Colton...more

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