News & Analysis as of

Permits Clean Air Act Greenhouse Gas Emissions

Williams Mullen

Everything Old is New Again: Actual Emissions are No Longer Enforceable Under NSR Permitting

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EPA is withdrawing the proposed rule titled ‘‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting’’ published in the Federal Register...more

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...more

Morris James LLP

An Endangered Species: Delaware environmental policy and permitting

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State environmental policy will impact Delawareans’ quality of life and the state’s ability to attract and retain high quality jobs for years to come. Existing businesses as well as new ones rely on a rational environmental...more

Jenner & Block

Client Alert: Key Energy and Environmental Takeaways from Trump’s Early Executive Orders

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In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Scotia, California Biomass Facility

The Environmental Protection Information Center and Humboldt Coalition for Clean Energy (collectively, “EPIC”) filed a January 3rd Title V Petition to Object (“Petition”) before the United States Environmental Protection...more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

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On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

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

Title V/Clean Air Act: Louisiana Bucket Brigade Petition to Object to Convent, Louisiana Direct Iron Ore Facility

Three individuals and the Louisiana Bucket Brigade and Inclusive Louisiana (collectively “LBB”) filed a December 12th Petition to Object (“Petition”) to a Clean Air Act Title V permit issued by the Louisiana Department of...more

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

Title V/Clean Air Act: US Environmental Protection Agency Grants in Part and Denies in Part Petition Objecting to Delaware County,...

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a November 2nd Order (“Order”) granting in part and denying in part a Petition objecting to the issuance of a Clean Air Act Title V...more

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

Cryptocurrency Mining Facility/Natural Gas-Fired Electric Generating Plant: New York Administrative Law Judge Upholds Denial of...

A New York Administrative Law Judge (“ALJ”) issued a decision (Ruling on Issues and Party Status [“Decisions”]) upholding the State of New York Department of Conservation (“NYDEC”) decision to deny a Clean Air Act Title V...more

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

Title V Objection/Clean Air Act: Environmental Organizations Petition to Object Addressing Five Alabama Department of...

Five environmental organizations filed a Petition (“Petition”) requesting that the United States Environmental Protection Agency (“EPA”) Administrator object to the issuance of Title V Renewal Permits (“Permits”) for the...more

Jenner & Block

Proposed Fugitive Emissions Amendments Bring Clarity to Major Source Permitting Requirements

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On October 14, 2022, the United States Environmental Protection Agency (USEPA) published proposed revisions to the Clean Air Act’s New Source Review (NSR) permitting regulations. The proposal seeks to repeal specific 2008...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Grants Petition Objecting to Cambria County, Pennsylvania, Power Plant

The Administrator of the United States Environmental Protection Agency (“EPA”) issued a June 7th Order granting a Petition objecting to the issuance of a Clean Air Act Title V Operating Permit (“Permit”) to the Colver Power...more

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

Crude Condensate Terminal Expansion/Point Comfort, Texas: Earthjustice Judicial Petition Challenging TCEQ Air Permit

Earthjustice on behalf of certain organizations and an individual filed a May 9th Petition before the 201st District Court in Travis County, Texas, challenging the Texas Commission on Environmental Quality’s (“TCEQ”) issuance...more

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

Best Available Control Technology/Clean Air Act: Federal Appellate Court Addresses Challenge to Natural-Gas-Fired Turbine Air...

The United States Court of Appeals for the First Circuit (“Court”) addressed in a December 17th Decision the issuance of an air permit by the Massachusetts Department of Environmental Protection (“DEP”) to Algonquin Gas...more

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

Fugitive Emissions/Clean Air Act: Federal Court Addresses Whether Mine Facility Should Have Obtained Title V Permit

A United States District Court (D. Colorado) (“Court”) addressed in a September 30th Order an issue arising in a Clean Air Act citizen suit related to a coal mine. See WildEarth Guardians, et al. v. Mountain Coal Company, and...more

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

EPA Oversight of Synthetic-Minor-Source Permitting: U.S. EPA Office of Inspector General Report

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a July 8th report titled: EPA Should Conduct More Oversight of Synthetic-Minor-Source Permitting to Assure Permits...more

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

Affordable Clean Air Energy Rule/Clean Air Act: U.S. Environmental Protection Agency Issues Final Rule

The United States Environmental Protection Agency (“EPA”) yesterday issued a final version of the previously proposed Affordable Clean Air Act Affordable Clean Energy (“ACE”) Rule. The ACE rule had been proposed on August...more

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

Installation of Reciprocal Internal Combustion Engines/Tucson, Arizona Generating Station: Sierra Club Petition to the U.S. EPA...

The Sierra Club filed a September 7th Petition for Review (“Petition”) of a Clean Air Act Prevention of Significant Deterioration Permit (“PSD Permit”) that was issued to the Tucson Electric Power Irvington/H.Wilson Sundt...more

Akin Gump Strauss Hauer & Feld LLP

EPA Modifies Source Determination Test; Narrows Common Control Criteria

Earlier this week, on April 30, 2018, the U.S. Environmental Protection Agency (EPA) quietly modified its source determination test that is used to determine whether emissions from nearby and closely related sources should be...more

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

Source Aggregation/ Clean Air Act : April 30th U.S. EPA Assistant Administrator (Air) Wehrum Letter Referencing "Re-Evaluation"

U.S. Environmental Protection Agency (“EPA”) Assistant Administrator William L. Wehrum addressed in an April 30th letter to the Pennsylvania Department of Environmental Protection the question of whether: . . . emissions...more

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

Title V/Clean Air Act – Yuhuang Chemical, Inc. Methanol Plant (St. James Parish, Louisiana): U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued an April 2nd Order denying a Petition of Objection to a Clean Air Act Title V Permit for Yuhuang Chemical, Inc., methanol plant (“Plant”) in St. James Parish,...more

Ruder Ware

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...more

Williams Mullen

Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

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A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call...more

Jackson Walker

EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

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The EPA is moving forward with the second stage of the Climate Action Plan – regulation of methane emissions from the oil and gas industry. Even while the first stage in President Obama’s Climate Action Plan, the Clean Power...more

Beveridge & Diamond PC

District Department of Energy & Environment Releases Pre-Draft of “Air Quality Permit Fees and Synthetic Minor Permitting Program”

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During the week of January 18, 2016, the Department of Energy & Environment of the District of Columbia (“Department”) released a pre-draft proposal of its much-anticipated synthetic minor permitting regulations. The proposal...more

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