News & Analysis as of

Appellate Courts Air Pollution Environmental Protection Agency (EPA)

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

Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense

The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

THE FEDERAL APPELLATE COURTS - The U.S. Court of Appeals - On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of...more

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

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Air Permit for SoLoNOx Turbine

The United States Court of Appeals, Fifth Circuit (“Court”) in a June 3rd opinion vacated an air permit the Massachusetts Department of Environmental Protection (“DEP”) issued to Algonquin Gas Transmission (“Algonquin”). See...more

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