News & Analysis as of

Clean Air Act

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

Air Enforcement: U.S. Environmental Protection Agency and Portland, Oregon Electroplating Facility Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and East Side Plating, Inc. (“ESP”) entered into a March 13th Consent Agreement (“CA”) addressing alleged violations of an air permit. See Docket No. CAA-10-2024-0040....more

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

K&L Gates LLP on

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Holland & Knight LLP

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

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The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

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

Air Enforcement: Mississippi Commission on Environmental Quality and Bay St. Louis Activated Carbon Manufacturing Facility Enter...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Calgon Carbon Corporation (“Calgon”) entered into a May 12th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7491 25....more

Troutman Pepper Locke

FERC Affirms Authorizations for Venture Global’s LNG Export Terminal and Pipeline

Troutman Pepper Locke on

On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC...more

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

DLA Piper

Industrials Regulatory News and Trends - June 2025

DLA Piper on

On May 23, President Donald Trump announced that he was recommending a new “straight 50% tariff” on all goods from the European Union beginning June 1. Treasury Secretary Scott Bessent said he hoped this decision would “light...more

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

Air Enforcement: Alabama Department of Environmental Management and Calhoun County Fiber/Particleboard Manufacturing Facility...

The Alabama Department of Environmental Management (“ADEM”) and Kronospan, LLC (“Kronospan”) entered into a May 28th Consent Order (“Order”) addressing an alleged violation of the Alabama Air regulations. See Consent Order...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — June 2025

The SEC’s mandatory climate disclosure rule remains stayed pending the outcome of the current litigation in the Eighth Circuit. Recently, however, Republican SEC Commissioner Mark Uyeda suggested that the Trump administration...more

Hogan Lovells

Senate effectively blocks California’s “EV Mandate” and related waivers using Congressional Review Act

Hogan Lovells on

On May 22, 2025, the Senate passed several joint resolutions to disapprove the Environmental Protection Agency’s (EPA’s) Clean Air Act (CAA) waiver of preemption for California’s Advanced Clean Cars II (ACC II), Advanced...more

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

Louisiana Community Air Monitoring Reliability Act: Environmental Organizations File Challenge in United States District Court...

The Environmental Integrity Project and Public Citizen Litigation Group (collectively, “EIP”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Middle District...more

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

112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Cactus, Texas Beef Processing Facility Enter into Expedited...

The United States Environmental Protection Agency (“EPA”) and Cactus Beef Processing Facility (“Cactus”) entered into a May 15th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section 112(r(7) of...more

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

State Air Trends & Successes: Association of Air Pollution Control Agencies Issues 2025 Report

The Association of Air Pollution Control Agencies ("AAPCA") issued the 2025 edition of its annual report titled: State Air Trends & Successes ("Report")....more

Holland & Knight LLP

Up in the Air: Congress Nullifies Clean Air Act Waivers for California

Holland & Knight LLP on

In the weeks since Holland & Knight previously reported on challenges to California's Clean Air Act (CAA) preemption waivers on April 30, 2025, Congress has taken decisive action. Following the U.S. House of Representatives'...more

Foley Hoag LLP - Environmental Law

The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright

On May 16, in Texas v. EPA, the 5th Circuit Court of Appeals rejected EPA’s nonattainment designation for two counties in Texas. What I find most interesting about the case is the reaction to it. Inside EPA (subscription...more

Mintz

Pennsylvania State Court Dismisses Climate Tort Litigation Against Major Fossil Fuel Companies

Mintz on

A local state court in Pennsylvania recently dismissed an array of climate tort claims brought against major fossil fuel companies by a local government--in this case, Bucks County. Among the three dozen or so climate tort...more

McGlinchey Stafford

5th Circuit Establishes New Standard for EPA on Sulfur Dioxide Omissions

McGlinchey Stafford on

On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more

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

Air Enforcement: Missouri Department of Natural Resources and Sullivan Aluminum Parts Processing Facility Enter into...

The Missouri Department of Natural Resources (“MDNR”) and Huggins Metal Finishing, Inc. (“Huggins”) entered into an April 22nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more

Bergeson & Campbell, P.C.

Congress and the Feds — the Impact of Nonperformance

Ponder the following existential question: Who does their job less effectively? Members of Congress, or employees of federal agencies? Let’s examine the U.S. Environmental Protection Agency (EPA) employees versus those...more

Womble Bond Dickinson

EPA Reconsiders Air Regulations Amid a Major Reorganization of the Air Office

Womble Bond Dickinson on

The EPA’s Office of Air and Radiation (“OAR”), responsible for most of the EPA’s major air regulatory and policy efforts, will be restructured in the months to come. This shakeup comes on the heels of the EPA’s announcement...more

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

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

The Center for Biological Diversity (“CBD”) filed a May 8th Clean Air Act Title V Petition to Object (“Petition”) before the United States Environmental Protection Agency (“EPA”) relating to Bargath, LLC for the Hyrup...more

Holland & Knight LLP

An Update on Climate Superfund Laws and Climate Change Lawsuits

Holland & Knight LLP on

In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more

Bergeson & Campbell, P.C.

DOJ Moves for Voluntary Dismissal of Its Appeal of Decision Finding that Section 230 Offers Immunity to Online Retailers

On April 24, 2025, the U.S. Department of Justice (DOJ) filed an unopposed motion in the U.S. Court of Appeals for the Second Circuit for voluntary dismissal of its appeal of an October 2024 decision finding that eBay is...more

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

Air Enforcement: Missouri Department of Natural Resources and St. Louis Medical School Complex Enter into Administrative Order on...

The Missouri Department of Natural Resources (“MDNR”) and The Washington University (“WU”) entered into a May 2nd Administrative Order on Consent (“AOC”) addressing an alleged violation of an Air Permit. See No....more

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