News & Analysis as of

Air Pollution Clean Air Act Enforcement Actions

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Acme Brick Company (“ABC”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of an Air...more

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Environmental Criminal Enforcement/Clean Air Act: Erie, Pennsylvania Coke Manufacturing Plant Owner Guilty Plea

The United States Attorney’s Office, Western District of Pennsylvania issued a June 20th news release stating that Erie Coke Corporation (“ECC”) has pleaded guilty in federal court to two counts related to alleged criminal...more

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Air Enforcement: Missouri Department of Natural Resources and Saint Louis County Dry Minerals Products Mixing/Packaging Plant...

The Missouri Department of Natural Resources (“MDNR”) and Quickrete Companies, LLC (“QC”) entered into a May 12th Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No APCP-2025-026....more

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Citizen Suit Action/Clean Air Act: Southern Environmental Law Center Notice of Intent to Sue Memphis, Tennessee Data Center

The Southern Environmental Law Center (“SELC”), on behalf of the National Association for the Advancement of Colored People, sent a June 17th Notice of Intent to Sue (“Notice”) to various entities stated to be associated with...more

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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 an alleged violation of an Air Permit. See Order No. 7490 25....more

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

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

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and W & W – Afco Steel LLC (“Afco”) entered into a May 8th Consent Administrative Order (“CAO”) addressing alleged violations of an...more

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Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

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Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Activated Carbon Manufacturing Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into a May 12th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7491 25....more

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more

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Air Enforcement: Alabama Department of Environmental Management and Calhoun County Fiber/Particleboard Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Kronospan, LLC (“Kronospan”) entered into a May 28th Consent Order (“Order”) addressing an alleged violation of the Alabama Air regulations. See Consent Order...more

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Air Enforcement: Missouri Department of Natural Resources and Sullivan Aluminum Parts Processing Facility Enter into...

The Missouri Department of Natural Resources (“MDNR”) and Huggins Metal Finishing, Inc. (“Huggins”) entered into an April 22nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more

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Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Garfield County, Colorado Compressor...

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

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Air Enforcement: Missouri Department of Natural Resources and St. Louis Medical School Complex Enter into Administrative Order on...

The Missouri Department of Natural Resources (“MDNR”) and The Washington University (“WU”) entered into a May 2nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more

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Environmental Criminal Enforcement: Eugene, Oregon Wood Treatment Facility Operators Sentenced for Alleged Hazardous Waste/Clean...

The United States Department of Justice (“DOJ”) issued an April 23rd news release stating that a federal judge in Oregon sentenced two companies responsible for the operation of the J.H. Baxter wood treatment facility in...more

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor-Yamato Steel Company (“Nucor”) entered into a March 24th Consent Administrative Order (“CAO”) addressing an alleged...more

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Air Enforcement: Mississippi Commission on Environmental Quality and Greenville Building Components Manufacturer Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and USG Interiors, LLC (“USG”) entered into a March 14th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7466 25....more

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

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Industrial Iron Works, Inc. - Adams Fertilizer Equipment (“IIW”) entered into a February 27th Consent Administrative Order...more

Williams Mullen

Frequently Asked Air Questions (FAAQs): Synthetic Minor Permits, One-Time Doubling & Sham Permits

Williams Mullen on

Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

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Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Grainger County Rock Crushing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a February 28th Proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Clear Development, LLC (“CD”) alleging violations of an air permit....more

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Air Enforcement: Mississippi Commission on Environmental Quality and Meridian Rail Services Company Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and CF Rail Services, LLC (“CF”) entered into a March 4th Agreed Order (“AO”) addressing an alleged violation of an Air Permit. See Order No. 7458 25. The AO...more

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Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Carthage Aluminum Extrusion Facility

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

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