News & Analysis as of

Air Pollution Environmental Protection Agency (EPA) Enforcement

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

Title V/Clean Air Act: Environmental Integrity Project Petition to Object Filed Addressing Hawesville, Kentucky Aluminum Smelter...

The Environmental Integrity Project and Kentucky Resources Council (collectively, “EIP”) filed a June 9th Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to...more

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

U.S. Environmental Protection Agency Enforcement Alert: Municipal Solid Waste Landfill Monitoring and Maintenance Requirements

The United States Environmental Protection Agency (“EPA”) issued an Enforcement Alert (“EA”) titled: EPA Finds MSW Landfills are Violating Monitoring and Maintenance Requirements....more

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

FY 2025-2026 Draft National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of...

The National Association of Clean Air Agencies (“NACAA”) sent a June 10th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2025-2026 National Program Guidance...more

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

Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into...

The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See...more

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

FY 2024-2025 National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of Clean Air...

The National Association of Clean Air Agencies (“NACAA”) sent a September 29th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2024-2025 National Program...more

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

Draft U.S. Environmental Protection Agency National Enforcement and Compliance Document for Years 2024-2027: Association of State...

The United States Environmental Protection Agency (“EPA”) published in the January 12th Federal Register a Request for Public Comment on the National Enforcement and Compliance Initiatives (“NECIs”) it is proposing for fiscal...more

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

Air Enforcement: U.S. Environmental Protection Agency and Illinois Municipal Utility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and City Water, Light and Power of Springfield, Illinois (“CWL&P”) entered into an October 28th Consent Agreement and Final Order (“CAFO”) addressing alleged...more

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

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

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Nucor Corporation (“Nucor”) entered into a November 28th Consent Administrative Order (“CAO”). See LIS No. 22-114. The CAO...more

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

U.S. Environmental Protection Agency FY2024 Budget: National Association of Clean Air Agencies Recommendations

The National Association of Clean Air Agencies (“NACAA”) transmitted a November 8th letter to the United States Environmental Protection Agency (“EPA”) providing recommendations for the federal agency’s FY2024 budget. ...more

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

Stationary Engines: August 2022 U.S. Environmental Protection Agency Issues Enforcement Alert

The United States Environmental Protection Agency (“EPA”) issued an August 2022 Enforcement Alert (“EA”) titled: Stationary Engines Cause Excess Emissions in Communities Across the Country...more

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

Environmental Criminal Enforcement/Clean Air Act: Dalles, Oregon, Aluminum Processing Facility Charged with Negligent Endangerment

The United States Attorney’s Office for the District of Oregon (“Department of Justice [“DOJ”]) issued an August 24th news release stating that Hydro Extrusion USA (“Hydro”) had been charged with negligent endangerment under...more

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

Air Enforcement: Alabama Department of Environmental Management and Ashville Secondary Aluminum Processing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and Grooms Aluminum Processors (“GAP”) entered into a September 9th Consent Order (“CO”) addressing alleged violations of an air permit. The CO provides that...more

Williams Mullen

Environmental Notes - January 2021

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Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

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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

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

Arkansas Department of Environmental Quality Office of Air Quality: Quarterly Newsletter (Spring 2018)

The Arkansas Department of Environmental Quality (“ADEQ”) published the Spring 2018 edition of its quarterly newsletter (“Newsletter”). The Newsletter identifies and summarizes a variety of issues and developments related...more

Williams Mullen

EPA Enforcement Initiatives Renew and Expand Industrial Target Priorities

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EPA’s Office of Enforcement and Compliance Assurance recently proposed changes to its National Program Manager (NMP) Guidance that, in part, would revise EPA’s National Enforcement Initiatives (“NEIs”) for federal fiscal...more

Porter Hedges LLP

EPA's Draft Strategic Plan Acknowledges Reduction in Enforcement Resources

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In November 2013, EPA issued its draft Strategic Plan for 2014-2018. EPA received comments on the Plan through January 3, 2014, although the comments will probably not lead to significant changes....more

Cozen O'Connor

Third Circuit Dismisses NSR Action Against Coal Plant, Affirms Limits of Clean Air Act Liability

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On August 21, 2013, the U.S. Court of Appeals for the 3rd Circuit roundly dismissed an enforcement action brought under the federal Clean Air Act (CAA or the Act) by the U.S. Environmental Protection Agency (EPA) and several...more

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