The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
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 New York City Department of City Planning (DCP) has released materials outlining a proposed amendment to the city's zoning regulations to introduce a City Planning Commission (CPC) special permit intended to limit the...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Abide Farms, LLC (“Abide”) entered into a February 12th Consent Administrative Order (“CAO”) addressing an alleged violation of...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 Missouri Department of Natural Resources (“MDNR”) and AHF, L.L.C. d/b/a AHF of Pennsylvania, LLC (“AHF”) entered into a February 11th Administrative Order on Consent (“AOC”) addressing an alleged violation of the Missouri...more
Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more
The Tennessee Air Pollution Control Board (“Board”) issued a January 22nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Smyrna Ready Mix Concrete, LLC (“Smyrna”) addressing an alleged violation of...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 Massachusetts Attorney General (“AG”) on behalf of the Commonwealth of Massachusetts filed on October 16th a civil action in the Superior Court alleging that: …Feedback Earth, Inc. (“Feedback Earth”) is generating...more
Both the North and South Carolina legislatures have recently adopted statutes affecting environmental issues in their respective states. This update highlights the most significant developments in North and South Carolina....more
In Minnesota and around the country, agencies and legislatures are working to formally incorporate concepts of environmental justice and cumulative impacts into permitting decisions and enforcement....more
As noted in a February 20th post several Requests for Hearings were filed before the Arkansas Pollution Control & Ecology Commission (“Commission”) addressing an application seeking to modify a permit for an open-cut mining...more
The Mississippi Commission on Environmental Quality (“MCEQ”) and Producers Rice Mill, Inc. (“Producers”) entered into a July 6th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7201 22. ...more
The Virginia State Air Pollution Control Board (Air Board) took its first measurable step toward a change in air permitting by creating a Subcommittee on Public Participation Processes (the Subcommittee) on June 21, 2019. The...more
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more
Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more
It has long been recognized that minority and disadvantaged communities are subject to higher levels of pollution than more affluent non-minority areas. This fact is the basis of the need for Environmental Justice to ensure...more
New Jersey Governor Phil Murphy recently signed a historic environmental justice bill to protect overburdened communities from pollutants. The law requires the New Jersey Department of Environmental Protection (NJDEP) to deny...more
Environmental justice has received greater attention in 2020, both because it is an election year, but also because of the increased focus on racial inequality since the killing of George Floyd in May 2020. Many states are...more
As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection...more
Seyfarth Synopsis: On August 5, 2020, the U.S. Environmental Protection Agency (EPA or Agency) released a final memorandum on “Guidance on Plantwide Applicability Limitation Provisions Under the New Source Review...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more
The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment – Division of Air Quality issued a news release announcing a new assistance program (“Program”) for facilities subject to permitting for...more
In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more