News & Analysis as of

Volatile Organic Compounds (VOC)

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Howard County Gypsum...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Certainteed Gypsum Manufacturing, Inc. (“CGM”) entered into a May 15th Consent Administrative Order (“CAO”) addressing alleged...more

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

Office of Management and Budget Request for Suggestions for Deregulation: American Coatings Association Response

The American Coatings Association (“ACA”) submitted a May 12th response to a solicitation of suggestions for deregulation from the Office of Management and Budget (“OMB”). ACA states it represents approximately 96% of...more

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Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing Weld County, Colorado Compressor...

The Center for Biological Diversity (“CBD”) filed an April 3rd Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to DC Operating Company, LP for the...more

Foley & Lardner LLP

Development in Southeast Wisconsin Will Once Again be Hampered by Clean Air Rules

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New U.S. Environmental Protection Agency (EPA) air quality standards and pollution migrating from upwind states will impact growth and development in southeastern Wisconsin, beginning on January 16, 2025....more

Holland & Hart LLP

EPA Reclassifies the Northern Wasatch Front and Uinta Basin Ozone Nonattainment Areas

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EPA recently redesignated the Northern Wasatch Front and the Uinta Basin ozone nonattainment areas based on data demonstrating that the areas failed to meet the 2015 ozone National Ambient Air Quality Standard (NAAQS) by...more

Goldberg Segalla

EPA Rule Kills Trichloroethylene and Cripples Perchloroethylene

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Our blog has written on EPA’s placement of Trichloroethylene (TCE on the chopping block and the phase down of Perchloroethylene (PCE). And early this week, the Environmental Protection Agency finalized those proposed rules...more

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

Air Enforcement: Alabama Department of Environmental Management and Chambers County Strandboard Manufacturing Facility Enter into...

The Alabama Department of Environmental Management (“ADEM”) and West Fraser US EWP LLC (“West Fraser”) entered into a November 6th Consent Order (“CO”) addressing alleged violations of an air permit. See Consent Order No....more

Vinson & Elkins LLP

Outlook on the New Administration: EPA’s Environmental Agenda in the Energy Sector

Vinson & Elkins LLP on

During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more

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

Title V/Clean Air Act: U.S. Environmental Protection Agency Order Denying Objection to Warrick County, Indiana Aluminum Production...

The United States Environmental Protection Agency (“EPA”) has issued an October 9th Order denying a Petition objecting to the issuance of a Clean Air Act Title V operating permit (“Permit”) for the Warrick Newco LLC...more

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

Title V/Clean Air Act: Sierra Club Petition to Object Filed Addressing Lumber City, Georgia Wood Pellet Manufacturing Plant

The Georgia Interfaith Power & Light and the Georgia Chapter of the Sierra Club (collectively, “Sierra Club”) filed a Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”)...more

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

Air Enforcement: Missouri Department of Natural Resources and Jackson County Lighting Systems Manufacturing Plant Enter into...

The Missouri Department of Natural Resources (“MDNR”) and Peterson Manufacturing Company (“Peterson”) entered into an August 22nd Administrative Order on Consent (“AOC”) addressing alleged violations of an air permit. See No....more

Goldberg Segalla

Everything Oiled is Sued Again

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It has the origins of a great American Success Story – in 1886, in the midst of the Second Industrial Revolution, a vast reservoir of oil was found in Lima, Ohio, prompting legendary entrepreneur John D. Rockefeller to hire...more

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

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

The Environmental Integrity Project, Texas Environmental, Justice Advocacy Services, Caring for Pasadena Communities, and Sierra Club (collectively, “EIP”) submitted an August 19th Title V Petition to Object (“Petition”)...more

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

Air Enforcement: U.S. and Medford, New York Metal Shredding Facility Enter into Consent Judgment

The United States Department of Justice on behalf of the United States Environmental Protection Agency (“EPA”) and Gershow Recycling Corporation (“GRC”) entered into an August 20th Consent Judgment (“CJ”) addressing alleged...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Blue Springs Automobile Manufacturing Plant Enter into Agreed...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Toyota Motor Manufacturing, Mississippi, Inc. (“Toyota”) entered into an August 16th Agreed Order (“AO”) addressing an alleged violation of a Title V Operating...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Order Addressing Lynchburg Distillery

The Tennessee Air Pollution Control Board (“Board”) issued a June 28th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jack Daniel Distillery, LEM (“Jack Daniel”) for alleged violations of an air...more

Goldberg Segalla

EPA Clearly Wants the Haze Gone

Goldberg Segalla on

On a clear day, you can’t actually see forever — if you follow the blue sky out to the horizon, you will often see it become somewhat more pale and opaque, owing to ‘visible pollution,’ or “haze” — the result of the...more

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

Title V/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental Protection Agency Addressing...

The Center for Biological Diversity (“CBD”) transmitted a May 8th Clean Air Act Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency (“EPA”) over an alleged failure to: …issue or deny the...more

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

Leadership in Energy and Environmental Design (LEED) v5: American Coatings Association Submits Comments to the U.S. Green Building...

The American Coatings Association (“ACA”) submitted comments to the U.S. Green Building Council (“USGBC”) on the Leadership in Energy and Environmental Design (LEED) v5. USGBC describes LEED v5 as the next version of what...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Texarkana Tire Manufacturing...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the Goodyear Tire & Rubber Company (“Goodyear”) entered into a May 13th Consent Administrative Order (“CAO”) addressing an...more

Lowenstein Sandler LLP

Without Actual Collection of Damages, Mere CERCLA Liability Not Barred as Double Recovery, Says Ninth Circuit Ground Water Quality...

Lowenstein Sandler LLP on

On April 15, in Santa Clarita Valley Water Agency v. Whittaker Corp., et al., No. 22-55727, slip op., -- F.4th – (9th Cir. 2024) (SCVWA), the U.S. Court of Appeals for the Ninth Circuit (Court of Appeals) held that in a...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Batesville Commercial Bakery...

The Arkansas Department of Energy & Environment - Division of Environmental Quality ("DEQ") and Flowers Baking Co. of Batesville, LLC ("Flowers") entered into a February 14th Consent Administrative Order ("CAO") addressing an...more

Holland & Knight LLP

New York State Issues Updated Soil Vapor Intrusion Guidance

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The New York State Department of Health (NYSDOH) in late February 2024 announced an update to its Guidance for Evaluating Soil Vapor Intrusion in the State of New York. For the first time, the Soil Vapor/Indoor Air Decision...more

Vinson & Elkins LLP

A Heavy Lift: EPA Bulks Up Oil and Gas Methane Requirements in New Quad Ob/c Regulations

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The Environmental Protection Agency (EPA) has finalized a host of new obligations for upstream and midstream oil and gas owners and operators. These new source performance standards (“NSPS”) and emission guidelines (“EG”) for...more

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

Title V/Clean Air Act: Petition to Object Filed Addressing Gunnison County, Colorado, Coal Mine Permit

The Center for Biological Diversity and WildEarth Guardians (collectively, “CBD”) filed a Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) related to Arch...more

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