News & Analysis as of

Volatile Organic Compounds (VOC)

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

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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

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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

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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

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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

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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...

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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

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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

McGuireWoods LLP

11 Key Elements of New EPA Rule Regulating Methane and VOC Emissions

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On Dec. 2, 2023, the Environmental Protection Agency issued its final rule titled “Standards of Performance for New, Reconstructed, and Modified Sources and Emission Guidelines for Existing Sources: Oil and Natural Gas Sector...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fayetteville Printed Film...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Packaging Specialties, Inc. (“PSI”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing an alleged...more

A&O Shearman

EPA’s Final Rule for Reducing Methane Emissions in the Oil and Gas Industry

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On December 2, 2023, the U.S. Environmental Protection Agency (EPA) announced a Final Rule under the Clean Air Act that will sharply reduce methane emissions from the oil and gas sector. The rule applies to sources involved...more

Pillsbury Winthrop Shaw Pittman LLP

California Combats Greenwashing with New Voluntary Carbon Offset and Carbon-Neutral and Low-Carbon Product Disclosure Law

California’s unprecedented AB 1305 law purports to target “greenwashing” by mandating public disclosures about virtually any claim of “significant” carbon reductions, but its broad wording and uncertain effective date raise...more

Beveridge & Diamond PC

EPA Finalizes Air Rule Targeting Oil and Gas Industry Methane Emissions: Final Rule Includes New Source Performance Standards for...

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Key Takeaways - • What Is Happening? On December 2, 2023, during the United Nations Climate Change Conference (COP28), the U.S. Environmental Protection Agency (EPA) announced a final Clean Air Act (Act) rule designed to...more

Seyfarth Shaw LLP

Michigan Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program

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Seyfarth Synopsis: The State of  Michigan’s Occupational Safety and Health Administration (MIOSHA) Cannabis – State Emphasis Program (SEP) (August 28, 2023) was established to address safety and health hazards associated with...more

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Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Stuttgart Agricultural...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Riceland Foods, Inc. (“Riceland”) entered into a November 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

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

Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Searcy Plastic Package...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and The Bryce Company, LLC (“Bryce”) entered into an October 3rd Consent Administrative Order (“CAO”) addressing alleged violations...more

Holland & Hart LLP

EPA Doubles Down on Enforcement to Address Climate Change

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In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

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