News & Analysis as of

Air Pollution

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

Liquid Natural Gas Plant/Clean Air Act: Fifth Circuit Court of Appeals Addresses Challenge to Texas Commission on Environmental...

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more

Paul Hastings LLP

Consolidation of EU Green Deal Regulation on the Horizon

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The European Commission is advancing a major regulatory initiative in the form of an Environmental Omnibus Package (Omnibus) to streamline and consolidate core EU environmental legislation. Framed as a simplification effort,...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing South Pittsburg Iron Foundry

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

Goldberg Segalla

‘Berth Control’ — California’s War on Idle Emissions

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California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date....more

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Arkansas Department of Transportation (“DOT”) entered into a July 10th Consent Administrative Order (“CAO”) addressing an...more

Williams Mullen

Everything Old is New Again: Actual Emissions are No Longer Enforceable Under NSR Permitting

Williams Mullen on

EPA is withdrawing the proposed rule titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting’’ published in the Federal Register...more

Williams Mullen

Is the Once in, Always in Policy Finally Dead?

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EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to overturn agency rules if such action is taken within...more

Williams Mullen

Environmental Notes - July 2025

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Is the Once in, Always in Policy Finally Dead? EPA’s controversial “Once in, always in, Rule” (Once in Rule) was recently rescinded under the Congressional Review Act, a statute which gives Congress the authority to...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Grenada County Lumber Company Enter into Agreed Order

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

Haynes Boone

EPA Proposes Repeal of Legal Foundation for Greenhouse Gas Rules

Haynes Boone on

The U.S. Environmental Protection Agency (EPA) has proposed a major shift in regulatory policy—to rescind the agency’s 2009 “Endangerment Finding” and to repeal all resulting emission standards for new motor vehicles and...more

Tonkon Torp LLP

EPA Poised to Overturn Greenhouse Gas Endangerment Finding

Tonkon Torp LLP on

Current Environmental Protection Agency (EPA) Administrator Lee Zeldin proposed a rule today to rescind 2009 rules that form the basis of greenhouse gas (GHG) emissions limitations, a move that will almost certainly lead to...more

Jackson Lewis P.C.

Heat Waves and Hazy Days: A Compliance Reminder for Washington State Employers

Jackson Lewis P.C. on

As temperatures rise and wildfire season intensifies across the Pacific Northwest, Washington State employers must remain alert – for the safety of their workforce and to follow state law. The Washington State Department of...more

Goldberg Segalla

EPA Announces Plan to Eliminate its Office of Research and Development

Goldberg Segalla on

The Environmental Protection Agency announced July 18 it would continue workforce reductions through the elimination of its Office of Research and Development, which provides the independent scientific research that underpins...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Addressing Weld County, Colorado Oil and Gas Production...

The Center for Biological Diversity (“CBD”) filed a June 27th Title V Petition to Object (“Petition”) before the Administrator of the United States Environmental Protection Agency ("EPA”) related to the Anschutz Equus Farms...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Union County Petroleum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Lion Oil Company, LLC (“Lion”) entered into a July 1st Consent Administrative Order (“CAO”) addressing alleged violations of an...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Greenwood Soybean Processing/Oil Extraction Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Oxbow Greenwood, LLC (“OG”) entered into a July 3rd Agreed Order 9 (“AO”) addressing alleged violations of an Air Permit. See Order No. 7520 25....more

Akin Gump Strauss Hauer & Feld LLP

Regulatory Relief for Certain Stationary Sources to Promote American Security with Respect to Sterile Medical Equipment (Trump EO...

This proclamation addresses the EPA’s April 5, 2024 final rule, National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review, 89...more

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

McGlinchey Stafford on

In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis, Cement Storage/Distribution Terminal Enter into...

The Missouri Department of Natural Resources (“MDNR”) and River Cement Company d/b/a Buzzi Unicem USA (“RCC”) entered into a July 7th Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit....more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing La Paz County, Arizona Gold Mine

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

Bergeson & Campbell, P.C.

Community and Environmental NGOs File Suit After EPA Denies TSCA Section 21 Petition Concerning Prohibition of Hydrogen Fluoride...

As reported in our May 14, 2025, blog item, on May 12, 2025, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) seeking to prohibit the use of...more

McGlinchey Stafford

EPA Grants Two-Year Extension on Coke Oven Air Toxics Compliance Following Industry Input

McGlinchey Stafford on

The U.S. Environmental Protection Agency (EPA) has officially extended key compliance deadlines for air toxics standards affecting steel-sector coke oven operations, reflecting industry concerns about the feasibility of...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Searcy Compression Station...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Merit Energy Company, LLC (“Merit”) entered into a May 15th Consent Administrative Order (“CAO”) addressing an alleged...more

Miller Starr Regalia

“Double Counting” or Redundant Mitigation?  Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying...

Miller Starr Regalia on

In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR...more

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

Air Enforcement: U.S. Environmental Protection Agency and Willow Island, West Virginia Industrial Coatings Manufacturer Enter into...

The United States Environmental Protection Agency (“EPA”) and Allnex USA Inc. (“Allnex”) entered into a June 11th Consent Agreement (“CA”) addressing alleged violations of an Air Permit. See Docket No. CAA-03-2025-0036....more

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