News & Analysis as of

Clean Air Act Affirmative Defenses Enforcement Actions

Snell & Wilmer

Title V Emergency Affirmative Defense Provision Reinstated by DC Circuit Court

Snell & Wilmer on

The DC Circuit Court of Appeals decided on September 5, 2025, that the U.S. Environmental Protection Agency (EPA) erred in implementing its 2023 Final Rule on “Removal of Title V Emergency Affirmative Defense Provisions From...more

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

Removal of Title V Emergency Affirmative Defense Provisions/State Operating Permit Programs: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a final rule in the July 21st Federal Register that removes the emergency affirmative defense provisions found in the regulations for state and federal Title V...more

McAfee & Taft

EPA nixes state exemptions on excess CAA emissions

McAfee & Taft on

Affirmative defenses commonly relied upon by facility operators to avoid civil and administrative penalties for violations of air emissions limitations during periods of facility startup, shutdown or malfunction (“SSM”) may...more

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