News & Analysis as of

Clean Air Act State Implementation Plans (SIPs) Statutory Interpretation

Womble Bond Dickinson

Emergency Affirmative Defense for Title V Emissions Exceedances is Back

Womble Bond Dickinson on

On Friday, the D.C. Circuit reinstated the affirmative defense for emergency situations resulting in exceedances of emission limitations in Clean Air Act Title V operating permits. That defense, available in the Title V...more

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

McGlinchey Stafford

5th Circuit Establishes New Standard for EPA on Sulfur Dioxide Omissions

McGlinchey Stafford on

On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more

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