News & Analysis as of

Center for Biological Diversity Clean Air Act

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,...

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

Holland & Hart LLP

Tenth Circuit Ruling on Temporary Emissions in Colorado Will Have Widespread Impacts on Air Permitting in Western States

Holland & Hart LLP on

In a decision with implications for air permitting across the West, a divided three-judge panel of the Tenth Circuit Court of Appeals vacated and remanded EPA’s approval of Colorado’s state implementation plan (SIP) based...more

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

State Implementation Plan/Clean Air Act: Federal Appellate Court Addresses Challenge to Colorado Exclusion of Temporary Emissions

The Tenth Circuit United States Court of Appeals (“Court”) addressed in a September 18th Opinion a petition filed by the Center for Biological Diversity (“Center”) alleging that the U.S. Environmental Protection Agency...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Tentatively Rejects the Center for Biological Diversity’s Petition to Regulate PVC as a Hazardous Waste

The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to Colorado Oil and Gas Production Wastewater Treatment...

The Center for Biological Diversity and Grand Valley Citizens Alliance (collectively, “CBD”) filed a November 23rd Petition to Object (“Petition”) to an initial Title V permit (“Permit”) issued by the Colorado Department of...more

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

National Secondary Ambient Air Quality Standards/Clean Air Act: U.S. Environmental Protection Agency and Center for Biological...

The United States Environmental Protection Agency (“EPA”) and Center for Biological Diversity (“CBD”) entered into a September 28th Settlement Agreement (“Settlement”) to resolve certain issues associated with Clean Air Act...more

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

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

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

Secondary National Ambient Air Quality Standards/Clean Air Act: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity (“CBD”) sent a February 2nd Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a failure to: . . . complete a mandatory review of the...more

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

Title V/Clean Air Act: Center for Biological Diversity Petition to Object to University of North Carolina at Chapel Hill Air...

The Center for Biological Diversity (“CBD”) filed a Petition to Object (“Petition”) to Air Quality Permit No. 03069T36 for the University of North Carolina at Chapel Hill issued by the North Carolina Department of...more

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

Air Enforcement/Citizen Suit Action: Food & Water Watch Notice of Intent to Sue Greeley, Colorado Beef Processing Facility

Food & Water Watch, Center for Biological Diversity, and Public Justice (collectively, “Food & Water Watch”) transmitted an October 1st Notice of Intent to Sue (“Notice”) to JBS-Swift Beef Company and JBS USA alleging...more

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

Air/Citizen Suit Enforcement: Sierra Club Notice of Intent to Sue University of North Carolina

The Sierra Club and Center for Biological Diversity (collectively “Sierra Club”) sent a September 17th Notice of Intent to Sue (“Notice”) to the University of North Carolina (“UNC”) for alleged violations of the Clean Air...more

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

Palmdale, California, Combined-Cycle Natural Gas-Fired Electrical Power Plant: U.S. EPA Environmental Appeals Board Addresses...

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued an October 23rd decision in regards to a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”)...more

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

Applicability Date Change/Waters of the United States Rule: Center for Biological Diversity Notice of Intent to Sue U.S....

The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more

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