News & Analysis as of

Environmental Protection Agency (EPA) Air Pollution Department of Environmental Quality

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

Arkansas Ambient Air Monitoring Network: Annual Network Plan for 2025-2026

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) submitted on August 6th to the United States Environmental Protection Agency (“EPA”) a document titled: ARKANSAS AMBIENT AIR...more

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

Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Houston, Texas Refinery

The Sierra Club and three other environmental organizations filed the following document before the Administrator of the Environmental Protection Agency (“EPA”) on December 3rd: Petition to Object to the Title V Operating...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Stone County Plywood Plant Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Hood Industries, Inc. (“Hood”) entered into a November 12th Agreed Order (“AO”) addressing an alleged violation of a Clean Air Act Title V Operating Permit...more

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

Air Enforcement/Self-Disclosure: Arkansas Department of Energy and Environment - Division of Environmental Quality and Pine Bluff...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Hoover Treated Wood Products, Inc. (“Hoover”) entered into a November 19th Consent Administrative Order (“CAO”) addressing an...more

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

PSD/Clean Air Act: Federal Appellate Court Certifies Texas Commission on Environmental Quality/BACT Question

The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more

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

EPA's Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy: U.S. Chamber of Commerce Report Addressing...

The United States Chamber of Commerce (“Chamber”) issued a November 2023 report titled: EPA’s Proposed Air Quality Standards Will Cause Permitting Gridlock Across Our Economy (“Report”)...more

Pillsbury - Gravel2Gavel Construction & Real...

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants In Part and Denies In Part Two Petitions Objecting to a...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a February 22nd Order Granting In Part and Denying In Part two Petitions objections to the issuance of a Clean Air Act Title V Operating...more

ArentFox Schiff

Environmental Justice Update: New Biden Administration Executive Order Expands EJ Across Federal Government; New Jersey Rolls Out...

ArentFox Schiff on

If you blink, there’s a good chance that you will miss a major development in the environmental justice (EJ) space. Given that Earth Day occurred last week, it’s no surprise we have two major developments to report: ...more

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

EPA Good Neighbor Rule/Healthier Air for Downwind States: U.S. Senate Environment & Public Works Committee Hearing

The United States Senate Environment & Public Works Committee (“Committee”) held a March 29th hearing titled: The EPA Good Neighbor Rule: Healthier Air for Downwind States (“Hearing”)...more

Foley Hoag LLP - Environmental Law

It’s More Important for EPA to Ensure that States Are Good Neighbors Than That They are Perfect Neighbors

Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”....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,...

Title VI Civil Rights Act/Environmental Justice: U.S. Environmental Protection Agency October 12th Letter of Concern to Louisiana...

The United States Environmental Protection Agency Office of Environmental Justice and External Civil Rights (“EPA”) sent an October 12th Letter of Concern (“LOC”) to the following Louisiana state agencies: Louisiana...more

Lippes Mathias LLP

Inflation Reduction Act Highlights: Environmental Justice, Climate Change and Expedited Permitting

Lippes Mathias LLP on

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA), sweeping legislation that commits $369 billion to combat climate change, fund clean energy and development, and address environmental justice. This...more

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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

Title VI Civil Rights Act/Environmental Justice: Earthjustice January 20th Letter to the U.S. Environmental Protection Agency...

Earthjustice sent a January 20th letter to the United States Environmental Protection Agency (“EPA”) alleging violations of Title VI of the Civil Rights Act of 1964 by the Louisiana Department of Environmental Quality and...more

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

Air Pollution/Opportunities to Better Sustain and Modernize National Air Quality Monitoring System: U.S. Government Accountability...

The United States Government Accountability Office (“GAO”) published a November 2020 report titled: Air Pollution – Opportunities to Better Sustain and Modernize the National Air Quality Monitoring System (“Report”) - ...more

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

Arkansas Regional Haze/Visibility Transport State Implementation Plan: U.S. Environmental Protection Agency Federal Notice...

The United States Environmental Protection Agency (“EPA”) published a March 16th Federal Register Notice proposing to approve a revision to the Arkansas State Implementation Plan (“SIP”) submitted by the State of Arkansas...more

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

Arkansas Department of Energy and Environment- Department of Environmental Quality State of the Air: 2019 Report Issued

The Office of Air Quality (“OAQ”) of the Arkansas Department of Energy and Environment (“ADEE”), Division of Environmental Quality (“DEQ”) released its annual State of the Air Report (“Report”) on February 29th. Prior to...more

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

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental...

The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

Williams Mullen on

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,...

Intervention Status Update: Sierra Club Challenge to the U.S. Environmental Protection Agency Approval of Arkansas Haze Plan

The Sierra Club and National Parks Conservation Association (collectively “Sierra Club”) filed a Petition for Review (“Petition”) on November 25, 2019 in the United States Court of Appeals for the Eighth Circuit challenging...more

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

Ozone Season Summary: Arkansas Department of Energy and Environment (Division of Environmental Quality) Announces 2019 Results

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) issued a draft report titled: Ozone Season Summary 2019 (“Report”) - The Report provides the results of DEQ sampling during...more

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

Particulate Matter (PM) Standards: Scientific Advisory Committee Rejects Draft U.S. Environmental Protection Agency Staff Proposal...

The United States Environmental Protection Agency (“EPA”) Clean Air Scientific Air Committee (“CASAC”) has memorialized its disagreement with the a key recommendation of an EPA staff draft policy assessment for a Clean Air...more

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

Good Neighbor Provision/SO2 National Ambient Air Quality Standard: U.S. Environmental Protection Agency Proposal to Approve...

The United States Environmental Protection Agency (“EPA”) published an August 8th Federal Register Notice proposing to approve an Arkansas State Implementation Plan (“SIP”) submittal. See 84 Fed. Reg. 38895. The Arkansas...more

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