News & Analysis as of

Permits Greenhouse Gas Emissions Environmental Protection Agency (EPA)

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

Beveridge & Diamond PC

Carbon Sequestration in Texas: EPA Region 6 Issues Draft Permits for Proposed Geologic Sequestration of Carbon Dioxide in Texas...

This alert was originally published on September 19, 2024, and has been revised based on recent developments. Update: On April 29, 2025, US EPA and the Texas Railroad Commission (RRC) signed a memorandum of agreement...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

Steptoe & Johnson PLLC

U.S. EPA Approves West Virginia’s Request for Primacy Regarding Issuance of Class VI Injection Well Permits

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The U.S. Environmental Protection Agency (EPA) has approved West Virginia’s application to obtain authorization and primacy regarding the issuance of permits for Class VI underground injection control (UIC) wells. This...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

Foley Hoag LLP - Energy & Climate Counsel

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...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,...

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,...

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

Pillsbury Winthrop Shaw Pittman LLP

State-Level Permitting Primacy May Boost Carbon Capture and Storage

Texas and Louisiana are stepping up efforts to assume regulatory authority for an emerging wave of Carbon Capture and Storage (CCS) projects. Despite carbon sequestration being highly touted as a key tool to mitigate...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

Foley Hoag LLP - Environmental Law

Injunctive Relief Is Available Outside the Fenceline

On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements he had previously identified resulting from upgrades to the Ameren Missouri...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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...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

Foley Hoag LLP - Environmental Law

A Lumber Mill Biomass CoGen Need Not Consider Other Fuels In Its BACT Analysis. Other Sources Should Be So Lucky.

Ever since EPA began considering how BACT analysis would be applied to greenhouse gas emissions, there has been concern that EPA would use its BACT authority to “redefine the source” – with the particular concern that BACT...more

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