News & Analysis as of

Air Quality Standards Permits

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

Williams Mullen

Environmental Notes - April 2025

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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

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

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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

Vinson & Elkins LLP

[Webinar] Powering Texas: Obtaining and Defending Air Quality Permits - October 15th, 1:00 pm - 2:00 pm ET

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Join us for a program on how to obtain and defend key air quality permits for power plants....more

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

Concrete Batch Plants: Harris County Challenges Amended Air Quality Standard Permit Issued by Texas Commission on Environmental...

Harris County, Texas, and a number of other organizations filed a February 22nd Petition for Judicial Review (“Petition”) in the District Court of Travis County, Texas, against the Texas Commission on Environmental Quality...more

McNees Wallace & Nurick LLC

EPA Significantly Lowers the National Ambient Air Quality Standard for Fine Particulate Matter

On Feb. 7, the U.S. Environmental Protection Agency published an update to the National Ambient Air Quality Standards (NAAQS) for fine particulate matter, commonly referred to as PM 2.5. The EPA announced that the annual...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Hot Springs Aircraft...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Triumph Airborne Structures, LLC, (“Triumph) entered into an August 14th Consent Administrative Order (“CAO”) addressing alleged...more

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

Title V/Clean Air Act: Sierra Club Petition to Object to Berkley County, South Carolina, Aluminum Reduction Minor Permit...

The Sierra Club and Environmental Integrity Project (collectively, “Sierra Club”) submitted a June 9th Clean Air Act Title V objection styled: Petition Requesting that the Administrator Object to the Minor Permit...more

Harris Beach Murtha PLLC

The Effects of the 2022 Ozone Reclassification on Permitting Requirements

Facilities with air emitting sources may suddenly find themselves subject to stringent air emissions standards and permitting requirements despite not making any changes in equipment or operations. Beginning November 7, 2022,...more

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

Major Source Operating Permit/Coal Mine: Colorado District Court Addresses Alleged Violation of State Agency Permit Review...

A Colorado District Court (“Court”) (Gunnison County) Judge addressed motions filed by Wildearth Guardians and other environmental organizations alleging a violation of the Colorado Air Quality Control Act and C.R.S....more

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

Reactivation/New Source Review: U.S. Environmental Protection Agency Determination That Refinery Must Obtain PSD Permit

The United States Environmental Protection Agency (“EPA”) stated in a November16th letter that an oil refinery on St. Croix in the U.S. Virgin Islands may not resume operations without going through New Source Review (“NSR”)....more

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

Title V/Clean Air Act: Sierra Club Petition for Objection to Permit Revision for Pinal County, Arizona, Generating Station

The Sierra Club filed an objection to a Clean Air Act Title V Revised Operating Permit before the Administrator of the United States Environmental Protection Agency (“EPA”) through a document styled: PETITION FOR OBJECTION...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Wynne Enter into...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Wynne, Arkansas (“Wynne”), entered into a November 4th Consent Administrative Order (“CAO”) addressing an alleged...more

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

Air Enforcement: Arkansas Department of Energy and Environment

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Mercy Health System of NWA (“Mercy”) entered into a July 7th Consent Administrative Order (“CAO”) addressing an alleged...more

Williams Mullen

Environmental Notes - July 2021

Williams Mullen on

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

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

Office of Air Quality Introductory Guide/Frequently Asked Questions: Arkansas Department of Energy and Environment - Division of...

The Office of Air Quality (“OAQ”) issued two guidance documents addressing Arkansas air permitting issues titled: Arkansas Air Quality Permitting – Introductory Guide (“ Introductory Guide”) Arkansas Air Permitting...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Warren County Petroleum Terminal Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“Commission”) and Hunt Southland Refining Company, LLC (“Hunt”) entered into a June 16th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No....more

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

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

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Jason International, Inc. (“JII”) entered into an April 4th Consent Administrative Order (“CAO”) addressing alleged violations...more

Snell & Wilmer

Arizona Natural Resources, Environment & Water Legislation Transmitted to the Governor

Snell & Wilmer on

The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law...more

Foley & Lardner LLP

U.S. EPA Addresses Key Questions on Plantwide Applicability Limit (PAL) Permits

Foley & Lardner LLP on

In a piece of good news for regulated sources, on August 4, 2020, the United States Environmental Protection Agency (U.S. EPA) issued guidance clarifying the flexibility and reduced permitting burden available to sources...more

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

Title V/Clean Air Act: Federal Appellate Court Addresses Challenge Based on Alleged Invalidity of Preconstruction Permit

The United States Court of Appeals, Fifth Circuit (“Court”) addressed in a May 29th decision a challenge to a Clean Air Act (“Act”) Title V Permit issued to an ExxonMobil Baytown, Texas Olefin plant (“Plant”). See...more

Vedder Price

Manufacturer Alert - The Environmental Impact of a Suspension or Shut Down in Operations

Vedder Price on

If you are operating in a state where your governor has issued a stay at home order (NY, NJ, CT, CA, PA, IL, OH, MI, LA, DE, KY, WI) and you have been forced to suspend or shutdown some or all of your operations, it is...more

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

Air Permitting/Emissions: Arkansas Department of Energy and Environment - Division of Environmental Quality Announces On-Track...

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

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

Arkansas Air Program: Arkansas Department of Energy & Environment/Division of Environmental Quality Notes Leadership in Air...

The Arkansas Department of Energy & Environmental Division of Environmental Quality (“DEQ”) issued a news release citing what it describes as a continuation of its leadership among state regulatory agencies in permitting...more

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

Project Emissions Accounting/New Source Review: U.S. Environmental Protection Agency Proposed Clean Air Act Rule

The United States Environmental Protection Agency (“EPA”) published an August 9th Federal Register Notice proposing to revise certain New Source Review (“NSR”) regulations associated with the Clean Air Act Prevention of...more

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