News & Analysis as of

Air Quality Standards

Williams Mullen

Exceptional Events Part of North Carolina Particulate Air Quality Attainment Designation

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Effective May 2024, EPA tightened the annual health-based National Ambient Air Quality  Standard (NAAQS) for fine particulate matter (PM2.5) from 12.0 µg/m3 to 9.0 µg/m3. This change was made after a review of the available...more

Williams Mullen

Environmental Notes - April 2025

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Under the Clean Air Act, sources frequently must undergo “New Source Review” (NSR) permitting, which is a pre-construction permitting program. NSR establishes requirements for new or modified sources prior to initiating...more

Holland & Knight LLP

EPA Announces Deregulatory Initiative to "Power the Great American Comeback"

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U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

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Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more

Miller Starr Regalia

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation...

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On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as...more

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

Nominee for U.S. Environmental Protection Agency Administrator - Lee Zeldin: National Association of Clean Air Agencies Letter of...

The National Association of Clean Air Agencies (“NACAA”) transmitted a December 18, 2024, letter to Lee Zeldin. Mr. Zeldin is President Trump’s nominee for Administrator of the United States Environmental Protection...more

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

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Fordyce Oriented Strand...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Georgia-Pacific Wood Products, LLC (“GP”) entered into a November 12th Consent Administrative Order (“CAO”) addressing an...more

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

Compendium of Tools/Methods to Estimate Environmental Benefits for Nature-Based Solutions: U.S. Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) issued a November 2024 report titled: A Compendium of Tools and Methods to Estimate Environmental Benefits for Nature-Based Solutions - Environmental Benefits...more

Jones Day

D.C. Circuit Finds Council on Environmental Quality's NEPA Regulations Are Unenforceable

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In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more

Benesch

Colorado LER Requirement

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Breathe In That Rocky Mountain Air:  Motor Carriers, Brokers, Freight Forwarders, and Private Fleets Operating in Colorado Face November 30, 2024 Deadline to Comply with State’s New Emissions Reporting Requirements and Avoid...more

Allen Matkins

California Environmental Law & Policy Update 11.8.24

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In the last four years, California has adopted some of the nation’s most innovative air regulations, including a ban on new gasoline-powered car sales by 2035 and a prohibition against diesel-fueled trucks visiting state...more

McGlinchey Stafford

EPA Under a Second Trump Presidency: The Good, Bad, and Ugly

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A return to the presidency by Donald Trump has raised questions about the future of the U.S. Environmental Protection Agency (EPA) and the broader landscape of environmental policy in the United States. Given Trump’s past...more

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

Something in the Air/Bridging the Air Quality Data Gap with Satellite Technology: American Lung Association Report

The American Lung Association (“ALA”) issued on October 29th a report titled: Something in the Air Bridging the Air Quality Data Gap with Satellite Technology (“Report”). The Report reviews the use of...more

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

Ozone/Clean Air Act: Kentucky Files Judicial Action Against U.S. Environmental Protection Agency for Alleged Delay in NAAQS...

The Commonwealth of Kentucky, Energy and Environment Cabinet and Louisville Metro Air and Pollution Control District (collectively, “Kentucky”) filed a Complaint in the United States District Court for the Western District of...more

Goldberg Segalla

Frustrated by EPA’s Delay on Air Quality, Environmental Groups Tell the Agency: “NOx it Off!”

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Nitrogen Oxide (NOx) is a very reactive, brown-hued gas commonly produced when fuels are burned at high temperature by motor vehicles, chemical plants, etc. Industries will often intentionally oxidize NOx to produce lacquers,...more

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

Nitrogen Oxides/Clean Air Act: Center for Biological Diversity and U.S. Environmental Protection Agency Enter into Consent Decree...

The United States Environmental Protection Agency (“EPA”) and the Center for Biological Diversity (“CBD”) entered into an October 28th Consent Decree addressing an issue arising out of Section 108 and 109 of the Clean Air Act...more

Morrison & Foerster LLP

MoFo’s State + Local Government Enforcement Newsletter - October 2024

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Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from State Attorneys General across the country and...more

DLA Piper

Industrials Regulatory News and Trends - October 2024 #2

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Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and...more

Holland & Hart LLP

The Montana Environmental Protection Act (MEPA) and the Upcoming 2025 Legislative Session

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What’s Happening with MEPA Right Now (And Why You Should Care) - If you need a permit from a Montana state agency, you have a project on state land, or you need the state to take any kind of action to complete your...more

ArentFox Schiff

California Enacts New Law Imposing Additional Restrictions on Warehouses

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Environmental regulations targeting potential impacts of warehousing facilities continue to be in the spotlight. On September 29, California Governor Gavin Newsom signed AB 98 into law, imposing new siting restrictions and...more

Miller Starr Regalia

Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds...

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In an opinion filed August 27 and later ordered published on September 24, 2024, the Fifth District Court of Appeal affirmed a judgment denying a writ petition that challenged the State Air Resources Board’s (CARB) adoption...more

Vinson & Elkins LLP

[Webinar] Powering Texas: Obtaining and Defending Air Quality Permits - October 15th, 1:00 pm - 2:00 pm ET

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Join us for a program on how to obtain and defend key air quality permits for power plants....more

ArentFox Schiff

EPA Approves South Coast Air Quality Management District’s Warehouse Indirect Source Rule

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On September 11, the US Environmental Protection Agency (EPA) took final action approving a revision to California’s State Implementation Plan (SIP) to include the South Coast Air Quality Management District’s (SCAQMD)...more

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

Odor Enforcement: South Coast Air Quality Management District (California) Proposed Order Addressing Castaic Landfill

The South Coast Air Quality Management District (“South Coast AQMD”)  issued an August 27th press release stating that its Hearing Board issued an Order for Abatement (“Order”) for the Chiquita Canyon Landfill (“CCL”). CCL...more

Holland & Hart LLP

New Mexico Stiffens Penalties for Air Quality Violations and Tightens Environmental Audit Policy

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On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more

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